Ravi Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56232 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== Ravi Kumar Sah Son Of Shyam Lal Sah @ Jhamlal Sah Resident Of Village - Sadhwara, P.S.- Simri, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.

The prosecution case as per F.I.R is that the husband of the informant namely Arbind Yadav proceeded with the informant's elder sister Gayatri Devi for village Moro to drop her but as he did not return back till late night, the informant talked with her elder sister who disclosed that he had already returned after dropping her. The informant thereafter went for search

Patna High Court CR. MISC. No.56232 of 2022(4) dt.17-02-2023 2/3 of her husband and during search, the motorcycle of the victim was found parked by the side of the road at village Rasalpur but informant's husband could not be traced.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. The recovery of the victim has been done on the basis of mobile location (CDR) of one Manish Kumar. There is contradiction in the statement of the victim recorded under Sections 161 and 164 of the Cr.P.C. The victim has only alleged against the petitioner that he was present in the alleged vehicle. The petitioner was not arrested from the spot rather he was arrested from his house. The petitioner is languishing in custody since 06.05.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.56232 of 2022(4) dt.17-02-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Darbhanga in connection with Simri P.S. Case No. 77 of 2022.

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