Prabhu Singh @ Prem Nath Singh @ Prabhu Narayan Singh @ Prabhunath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50517 of 2017 Arising Out of PS.Case No. -71 Year- 2011 Thana -MAJORGANJ District- SITAMARHI ====================================================== Prabhu Singh @ Prem Nath Singh @ Prabhu Narayan Singh @ Prabhunath Singh Son of Satya Narayan Singh, R/o Village- Nankar Simardah, P.S.- Majarganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Akbar Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mejarganj P.S. Case No. 71 of 2011 registered under Section 366A/34 of the Indian Penal Code.

Minor daughter of the informant is said to have been kidnapped by eight accused persons. Out of them, five accused persons including the petitioner were identified by the aunt of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, the petitioner has been falsely implicated in the case as there

Patna High Court Cr.Misc. No.50517 of 2017 (2) dt.01-11-2017 2/2 is land dispute between the parties and a proceeding under Section 144 Cr.P.C. between them has been decided in favour of the father of the petitioner. The allegation levelled against the petitioner is not specific rather omnibus. The petitioner has been languishing in custody since 22.07.2014. Co-accused, namely, Satyanarayan Singh and Ram Pukar Singh who happen to be father and brother respectively of the petitioner have been enlarged on bail by a coordinate bench of this court in Cr. Misc. No. 16882 of 2017 vide order dated 01.05.2017. The police has also not sent up the petitioner for trial in the chargesheet submitted by it. Considering the aforesaid facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Mejarganj P.S. Case No. 71 of 2011.

(Prakash Chandra Jaiswal, J) Mishra/- U T