Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27137 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -NAYAGAON District- SARAN ====================================================== Rahul Kumar Son of Ashutosh Kumar, resident of village - Bela, P.S. Naubatpur, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Kislay For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioner is apprehending his arrest in connection with Nayagoan P.S. Case No. 09/2014 for the offence instituted under Section 364 (A) of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the accused persons kidnapped the son of the informant and demanded Rs.3,00,000/- as extortion.

On behalf of the petitioner it has been submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the statement recorded under section 164 Cr.PC of the victim. On behalf of the State, it has been submitted that the

Patna High Court Cr.Misc. No.27137 of 2015 (2) dt.21-07-2015 2/2 name of the petitioner has come in course of investigation. It is further submitted that the victim has admitted in his statement recorded under section 164 Cr.PC. that the ransom amount has been given in respect of his recovery.

Considering the aforesaid facts and circumstance, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this application is rejected.

Anyhow if the petitioner surrenders before the court below within a period of four weeks, the court below shall consider the case of the petitioner on its own merit without being prejudiced by this order and if possible, the same will be disposed of on the same day.

(Sudhir Singh, J) Mahesh/- U T