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Patna High CourtCR. MISC./65709/2022allowed

Pintu Rai @ Jhantu Rai v. The State Of Bihar

2023-07-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65709 of 2022 Arising Out of PS. Case No.-482 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== PINTU RAI @ JHANTU RAI Son of Hulas Rai R/V- North Chhapra Dumri, P.S- ShahpurPatori, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 364, 365, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is of kidnapping the son of the informant, when he went to take tea. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Victim is the brother-in-law (sala) of the petitioner. The Superintendent of Police report, Samastipur has been received, which has been kept at Flag 'R', which suggests that victim has not traced out till now. There is no consistent evidence and no eye-witness to show that petitioner

Patna High Court CR. MISC. No.65709 of 2022(6) dt.05-07-2023 2/2 has involved in the present case. Petitioner was no any intention to commit this offence and it is a case of last seen. He is languishing in judicial custody since 16.04.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Tajpur P.S. Case No. 482 of 2021.

(Sunil Kumar Panwar, J) arish/- U T