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Patna High CourtCR. MISC./23015/2015dismissed

Raj Kumar Rai v. The State Of Bihar

2015-09-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23015 of 2015 Arising Out of PS.Case No. -227 Year- 2014 Thana -PATLIPUTRA District- PATNA ======================================================

1. Raj Kumar Rai, aged about 40 years. Son of Ramashankar Rai. Resident of Mohalla - Nasariganj, Biscuit Factory More, near Sant Dominic School, P.S.- Danapur, Dist.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan For the Opposite Party/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2015 The learned counsel for the petitioner is permitted to make correction in paragraph 18 of the bail petition with regard to the date since when the petitioner is in custody. Heard both sides.

The petitioner seeks bail in a case under Section 364/120B of the Indian Penal Code.

The informant alleged that his driver, Raj Kumar Rai, the petitioner, kidnapped one year and nine months Tahira, his grand daughter. The petitioner called him from his mobile No. 9708149773 and demanded ransom of Rs. 10 lacs. The victim girl was recovered from the possession of the petitioner. The mobile was also recovered from his possession having SIM No.

Patna High Court Cr.Misc. No.23015 of 2015 (3) dt.18-09-2015 2/2 9708149773.

The learned counsel for the petitioner submits that petitioner was driver of the informant. Some wages were lying due and that is why the petitioner has been falsely implicated in the case. Even the call details do not show that petitioner ever called informant from his mobile and demanded any ransom. The victim girl was recovered from the possession of the petitioner and the mobile from which ransom was demanded was also recovered from the possession of the petitioner. The sister of the petitioner also disclosed that his brother came with a child and disclosed that the child was daughter of his friend. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T