Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50957 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -ARWAL District- JEHANABAD ======================================================

1. Prince Kumar S/o Subash Singh Resident of Village- Agani, P.S. Daud Nagar, P.O. - Aranda, Distt- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 15.08.2016 in a case registered for offences punishable under Section 363, 365 and 120 (D) of the Indian Penal Code.

The prosecution case is that on 11.08.2016 in betweem 08.00 A.M. to 09.00 A.M. four accused persons Arvind Kumar, Vikash Kumar, Mithilesh Yadav and Mantu Kumar came at the house of the informant and kidnapped his four year grandson. It has been submitted by the learned counsel for the petitioner that the informant is his maternal grand father and he had been living with him since childhood. There is some dispute with family members, hence, the grand son of the informant was

Patna High Court Cr.Misc. No.50957 of 2016 (2) dt.28-11-2016 2/2 taken away and returned on the very next date, hence, no case is made out against him. It is only on the confessional statement of the petitioner that he has been made accused. He further submits that charge sheet has already been submitted, hence there is no chance of tampering with prosecution witnesses and he has no criminal antecedent.

Learned A.P.P. for the State opposes the prayer for bail. Be that as it may, since charge sheet has already been submitted and considering the facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S.Case No. 147/2016.

(Nilu Agrawal, J) Sudha/- U T