Patna High CourtCR. MISC./58980/2022allowed

Saroj Kumar v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58980 of 2022 Arising Out of PS. Case No.-389 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SAROJ KUMAR Son of Taplal Ray resident of village- Dabchhu, P.S.- Basantpur (Lakri Nabiganj O.P.), District -Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in a case registered for offence punishable under Section 364(A) of the Indian Penal Code.

This is a case of abduction of the son of the informant for ransom demand and on the basis of the suspicion the name of the petitioner came into light. The petitioner is well known to the informant.

It is submitted by the learned counsel for the petitioner that the petitioner is named in the first information report also but the victim not recovered from the conscious possession of the petitioner. The statement of the victim has neither been recorded under Section 161 nor 164 of the Criminal

Patna High Court CR. MISC. No.58980 of 2022(5) dt.28-02-2023 2/2 Procedure Code. During investigation no seizure list recovery memo of the victim prepared. The confessional statement of the petitioner, as alleged, has no evidentiary value. The son of the informant, aged about 12 years, is recovered from the possession of Ravi Kumar, co-accused. The petitioner is in custody since 15.05.2022 having no criminal antecedent. The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ahiyapur P.S. Case No. 389 of 2022 to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur.

(Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T