Satish Kumar Roy @ Don v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65441 of 2019 Arising Out of PS. Case No.-492 Year-2019 Thana- KATIHAR District- Katihar ====================================================== SATISH KUMAR ROY @ DON Son of Late Shiv Nandan Roy Resident of Mohalla- Larkaniya Tola, Ward No. 19, Azad Nagar, P.O. and P.S.- Katihar, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jibendra Mishra For the Opposite Party/s :

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

The petitioner is apprehending his arrest in connection with Katihar Town P.S.Caase No.492 of 2019 dated 31.7.2019 (G.R.No.3464 of 2019) registered for offences punishable under Section 365 of the Indian Penal Code.

As per FIR, there is allegation against the petitioner of kidnapping of the son of the informant.

Submission of the learned counsel for the petitioner is that only on suspicion, he has been made accused. He is friend of the victim and except that he had taken food in the house of the victim earlier to occurrence, there is nothing against him. On the learned counsel for the APP has opposed the prayer for bail stating that witnesses have stated in their

Patna High Court CR. MISC. No.65441 of 2019(4) dt.09-01-2020 2/2 evidence that the accused persons including the petitioner were seen along with the victim and since then he is 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, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of the basis of the materials available on the record and if possible to be disposed of on the same day.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T