Patna High CourtCR. MISC./39583/2014rejected

Bablu Kumar @ Bablu Choudhary v. The State Of Bihar

2015-07-03Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.39583 of 2014 (4) dt.03-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39583 of 2014 Arising Out of PS.Case No. -22 Year- 2014 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Bablu Kumar @ Bablu Choudhary Son of Fuleshwar Choudhary @ Fulo Choudhary Resident of Village - Dinapatti, P.S. - Pipra, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Subash Chandra Mishra(App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-07-2015 The petitioner apprehends his arrest under section 364 of the Indian Penal Code.

It is alleged that the brother of the informant Ghanshyam Choudhary went on missing on 23.1.2014 and after hectic search of three days, the instant F.I.R. was instituted by his brother Hareram Choudhary on 26.1.2014.

Learned counsel for the petitioner submits that the informant in the F.I.R. has not made any incriminating statement against the petitioner. He further submits that the statement of the informant recorded in paragraph 4 of the case diary that her husband Ghanshyam Choudhary told her that one Devendra Yadav has called him and Anil Choudhary, Pintu Choudhary, Bablu Choudhary are at Sukhasan Chowk and he is going to meet him and thereafter her husband Ghanshyam Choudhary has been

Patna High Court Cr.Misc. No.39583 of 2014 (4) dt.03-07-2015 kidnapped is an after thought.

Learned counsel for the informant and the State submits that some other accused persons had been granted regular bail by this Court Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, in my view the ground raised by the petitioner is good ground for regular bail. In case the petitioner surrender and pray for regular bail, the same would be disposed of on the same day without prejudice. (Samarendra Pratap Singh, J) KHAN/- U