Hira Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63069 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- BELHAR District- Banka ====================================================== 1.

HIRA RAJAK Son of Mani Rajak @ Manilal Rajak Resident of Village - Badhara, P.S.- Belhar, Distt - Banka.

2.

Mukund Rajak Son of Mani Rajak @ Manilal Rajak Resident of Village - Badhara, P.S.- Belhar, Distt - Banka.

3.

Mani Rajak @ Manilal Rajak Son of Late Bispat Rajak Resident of Village - Badhara, P.S.- Belhar, Distt - Banka.

4.

Dipak Rajak @ Dipak Kumar @ Dipak Kumar Rajak Son of Hira Rajak Resident of Village - Badhara, P.S.- Belhar, Distt - Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Heard learned counsel for the parties.

Earlier in this case petitioner nos. 2 and 4 have already been granted anticipatory bail, and the application against the petitioner no.3 has been withdrawn, vide order dated 18.10.2019, as such this application is confined only against petitioner no1.

The petitioner is apprehending his arrest in connection with Belhar P.S.case No.137 of 2019 dated 14.5.2019 registered for offences punishable under Sections 341, 323, 365/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.63069 of 2019(3) dt.09-01-2020 2/2 Allegation against the petitioner is of kidnapping of the son of the informant.

Submission of the learned counsel for the petitioner is that the informant has himself got his son disappeared and lodged this false and concocted case and the other accused persons have been granted bail except petitioner no.3. Heard learned A.P.P., who has opposed the payer for bail on the ground that the boy is still traceless. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner no.1 and he is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. Accordingly, so far the prayer for anticipatory bail of petitioner no.1 is concerned, the same is dismissed. (Vinod Kumar Sinha, J) chn/- U T