Raju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3272 of 2018 Arising Out of PS. Case No.-64 Year-2017 Thana- CHANDI District- Nalanda ====================================================== Raju Yadav S/o late Bachchu Yadav@ Bachu Gope Resident of VillageGhaghdih, P.S. Bakhtyarpur, District Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar For the Opposite Party/s :
Mr. SRI AJAY KUMAR-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in Chandi P.S. Case No. 64 of 2017 registered for the offence punishable under Section 363 of the Indian Penal Code.
Informant is the wife of missing person Dipesh Kumar, who in her written complaint on 07.03.2017, has stated that after receiving mobile call her husband went outside and thereafter he did not return. She has further stated that she tried to locate him but he could not be traced and in the morning she received call from her husband but she could not complete the conversation and on the basis of that information FIR was registered under Section 363 of the IPC and investigation was conducted. In her restatement, she has named the petitioner responsible for
Patna High Court Cr.Misc. No.3272 of 2018(3) dt.13-02-2018 2/2 kidnapping of her husband. It has been further stated that similarly situated co-accused person have been granted bail by co-ordinate benches of this Court vide order dated 18.10.2017 in Criminal Miscellaneous No. 48715 of 2017 and 19.12.2017 in Criminal Miscellaneous No. 61329 of 2017. Petitioner has got no criminal antecedent and is in custody in since 16.11.2017. Learned counsel for the informant has vehemently opposed the prayer of bail stating that there is allegation against the petitioner of kidnapping the missing person. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda in connection with Chandi P.S. Case No. 64 of 2017.
(S. Kumar, J) ranjan/- U