Mathura Yadav v. The State Of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44695 of 2014 Arising Out of PS.Case No. -40 Year- 2014 Thana -SHEIKHPURA DistrictSHEIKHPURA ====================================================== Mathura Yadav Son of Late Ram Awtar Yadav @ Ramotar Yadav resident of village- Kariho, Police Station + District- Sheikhpura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghwendra Kumar, Adv. For the Opposite Party/s : Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 365. 364(A) of IPC. FIR was lodged against unknown.

During investigation the name of the petitioner has appeared on the call details of the mobile phone by which ransom was demanded by the culprits from the informant. Thereafter, the petitioner was arrested and during investigation he has confessed his guilt and narrated about the occurrence.

Learned counsel for the petitioner submits that the petitioner has himself surrendered when his name appeared during investigation. He is the co-villager of the informant and has no

Patna High Court Cr.Misc. No.44695 of 2014 (4) dt.19-03-2015 2/3 criminal antecedent. The victim returned home and made statement under Section 164 Cr.P.C. in which he has not made any allegation against the petitioner.

Learned counsel for the State submits that it appears from the confessional statement of the petitioner that he has made conspiracy of kidnapping of victim, minor son of the informant and when the police became active in searching him, he surrendered, made confession and narrated as to how he was the kingpin in the kidnapping of the victim. Co-accused has released the victim at the instance of the petitioner. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura/court concerned in Sheikhpura P. S. Case No. 40 of 2014, G. R. No. 120 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each

Patna High Court Cr.Misc. No.44695 of 2014 (4) dt.19-03-2015 3/3 and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T