Devanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32467 of 2016 Arising Out of PS.Case No. -36 Year- 2005 Thana -BALIGAON District- VAISHALI(HAJIPUR) ====================================================== Devanand Ram S/O Late Mishri Ram, R/O Kuria, P.S. Baligaon, Dist. Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364(A) of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant along with his family members was sleeping, 4-5 unknown miscreants came at the house of the informant. The son of the informant, namely, Praveen Kumar, who was also sleeping beside the informant, was abducted by the miscreants. When the nearby people raised alarm, they were assaulted by the miscreants.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.3.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.32467 of 2016 (3) dt.16-09-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confessional statement of the co-accused. The victim boy has not named the petitioner in his statement recorded under Section 164 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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, Hajipur at Vaishali in connection with Baligaon P.S. case No.36 of 2005.

(Sudhir Singh, J) Narendra/- U T