Shankar Roy @ Kare Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34997 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Shankar Roy @ Kare Roy Son of Late Rajendra Roy, R/o VillageChakprayag, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.5.2017 in connection with Parbatta P.S. Case No. 31 of 2017 for offences punishable under Sections 365, 366/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his 21 years old son Jitendra Kumar had gone to market on a motorcycle and from there he did not return. An oral information was given in the police station and on the same day the victim boy was recovered who was quite silent at that time but later on he disclosed the name of petitioner and two others who had kidnapped him and snatched his gold chain, gold ring and some

Patna High Court Cr.Misc. No.34997 of 2017 (3) dt.17-08-2017 2/2 cash and had also threatened him on pistol point. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and no such occurrence had taken place. In fact, the victim boy had himself gone and married his daughter and came back to his house. He submits that although the date of occurrence is 21.01.2017 but FIR has been lodged on 28.01.2017 and no plausible explanation has been given for such delay. He further submits that charge-sheet has already been submitted and there is no chance of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Parbatta P.S. Case No. 31 of 2017.

(Nilu Agrawal, J) sushma/- U T