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Patna High CourtCR. MISC./47233/2015rejected

Ranjay Kumar v. The State Of Bihar

2015-11-30The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47233 of 2015 Arising Out of PS.Case No. -290 Year- 2015 Thana -MANER District- PATNA ====================================================== Ranjay Kumar, son of Vijay Rai, Resident of Village- Singhara, P.S.- Maner, District Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.50433 of 2015 Arising Out of PS.Case No. -290 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Lorik Kumar

2. Sugrim Kumar, Both are sons of Ramanugrah Rai, Resident of villageBalawant Tola, (Brahmachari), P.S.- Maner, District- Patna .... .... Petitioners

Versus

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

(In Cr.Misc. No.47233 of 2015) For the Petitioner :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party : Mr. Hirday Pd. Singh, APP For the Informant :

Mr. Ashwini Kumar Rai, Advocate (In Cr.Misc. No.50433 of 2015) For the Petitioner :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party : Mr. Anil Pd. Singh, APP For the Informant :

Mr. Baidyanath Prasad, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Ranjay Kumar (in Cr. Misc. No.47233 of 2015) and, Lorik Kumar and Sugrim Kumar (in Cr. Misc. No. 50433 of 2015), in connection with Maner Police Station Case No. 290 of 2015, under Sections 363/365 of the Indian Penal Code. Perused the above application and materials on

Patna High Court Cr.Misc. No.47233 of 2015 (4) dt.30-11-2015 2/3 record. Also perused the relevant case diary. Heard Mr. Arvind Prasad Singh, learned Counsel for the petitioners in both cases, and Mr. Hirday Prasad Singh, learned Additional Public Prosecutor, appearing on behalf of the State in Cr. Misc. No. 47233 of 2015 and Mr. Anil Prasad Singh, learned Additional Public Prosecutor, appearing on behalf of the State in Cr. Misc. No. 50433 of 2015. Heard also Mr. Ashwini Kumar Rai, learned Counsel, appearing for the informant in Cr. Misc. No. 47233 of 2015, and Mr. Baidyanath Prasad, learned Counsel, appearing for the informant in Cr. Misc. No. 50433 of 2015.

Because of the fact that the nature of incriminating materials available against the accused above-named coupled with the fact that the kidnapped child has not yet been recovered and a complaint, giving rise to Information Petition No. 1369 of 2015, has also been made to the effect that the relatives of the present petitioners have been threatening to kill the child until the petitioners are allowed to be released on bail and the fact that by order, dated 16.10.2015, passed in Cr. W.J.C. No. 947 of 2015, a Division Bench of this Court has directed the Officer In-charge, Maner Police Station, to investigate, in accordance with law, Maner Police Station Case No.

Patna High Court Cr.Misc. No.47233 of 2015 (4) dt.30-11-2015 3/3 at this stage, the accused above-named shall not be allowed to go on bail.

In view of the above and in the interest of justice, the prayer for bail is hereby rejected at this stage. These bail applications shall stand disposed of accordingly.

Registry is directed to send back the case diary to the court below forthwith.

(I.A. Ansari, ACJ) Pawan/- U T