Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14305 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Sanjay Choudhary Son of Sukan Choudhary Resident of Village - Umerabad, P.S. - Arwal, District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Smt. Shashi Priya Pathak, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 17.07.2014 in a case registered for the offences punishable under sections 364 of the Indian Penal Code.

The specific case of the informant is that one Sunita Devi took the son of the informant and, subsequently, sent to Ahmedabad for working as domestic help, when the informant talked to Sunita Devi, she demanded money to return her son. The First Information Report was lodged against Sunita Devi, subsequently, name of the petitioner sprang up during investigation when Sunita Devi suggested that the petitioner took the son of the informant and the petitioner confessed that the victim got down from train on way to Ahmedabad and since then

Patna High Court Cr.Misc. No.14305 of 2015 (3) dt.03-07-2015 2/2 he went traceless.

It is submitted by learned counsel for the petitioner that the specific case of the informant in the FIR is against Sunita Devi, who took the victim, and subsequently, the police at the belated stage in order to save Sunita Devi tried to implicate the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Learned APP for the State, after going through the case diary submits that there is no eye witness to suggest that the victim was seen in the company of petitioner. Considering the aforesaid fact, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Paliganj P.S. Case No.30 of 2014. (Dinesh Kumar Singh, J) Ashwini/- U T