Patna High CourtCR. MISC./41028/2015bail granted

Manoj Kumar v. The State Of Bihar

2015-10-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41028 of 2015 Arising Out of PS.Case No. -325 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Manoj Kumar S/o Late Ram Narayan Das resident of Village Purwa, P.S. Sadar, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Opposite Party/s : Mr. Duresh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 364A, 377 and 392/34 of the Indian Penal Code. Allegation against the petitioner is to have kidnapped the informant, demanded ransom of Rs.2 lacs from his sister, snatched Rs.200/- from his pocket and done unnatural sex with him. It has been submitted on behalf of the petitioner that he is in custody since 1.7.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. He has been made accused due to mistake of fact. There is no independent eye witness to the alleged occurrence. Due to village politics petitioner has been implicated in the present case. It is further submitted that petitioner may be released after completion of nine months in custody from 1.7.2015.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and was apprehended at the spot itself by the

Patna High Court Cr.Misc. No.41028 of 2015 (3) dt.29-10-2015 2 / 2 villagers. There is specific allegation against the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 1.7.2015 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sadar P.S. Case no. 325 of 2015.

(Sudhir Singh, J) sudip/- U T