Judagi Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60673 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== Judagi Ravidas, Son of Late Dev Nandan Ravidas, Village- Netar, P.S.- Daniwana, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-08-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing for the State.
2. In this present case, the petitioner seeks bail in connection with Daniawan P.S. Case No. 237 of 2023, registered on 10.09.2023 for the offences under Sections 363 and 365 of the Indian Penal Code.
3. As per prosecution case, petitioner and the coaccused enticed away the minor daughter of the informant and further allegation against this petitioner and other co-accused persons is that they called the son of the informant and asked him to transfer Rs.30,000/- in his account and stated that thereafter they would return his sister.
4. Learned counsel appearing on behalf of the petitioner submits that the case has been lodged merely on suspicion as is evident from the F.I.R. The date of occurrence is
Patna High Court CR. MISC. No.60673 of 2024(2) dt.30-08-2024 2/3 stated to be 20.04.2023 whereas F.I.R has been registered on 10.09.2023 without any explanation. The informant has not even mentioned the correct date of missing of her daughter as witnesses have stated that daughter of the informant went missing in August, 2022. There is no specific allegation against the petitioner for kidnapping the daughter of the informant and the informant is not an eye witness of the case and the whole case is based on suspicion. Co-accused Manto Devi has been granted bail by this Court vide order dated 05.07.2024 passed in Cr. Misc. No. 16321 of 2024 and co-accused Rakesh Kumar has also been granted anticipatory bail vide order dated 08.05.2024 passed in Cr. Misc. No. 16586 of 2024. The petitioner has got no criminal antecedent. The petitioner is in custody since 05.10.2023 and charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioner to connect him with the offences as alleged and also considering the clean antecedent of the petitioner as well as his period of custody, the petitioner above named is directed to be released on bail on
Patna High Court CR. MISC. No.60673 of 2024(2) dt.30-08-2024 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City/concerned court in connection with Daniawan P.S. Case No. 237 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T