Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71124 of 2022 Arising Out of PS. Case No.-168 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== DHEERAJ KUMAR SON OF CHUCHUN RAUT R/V POKHAR BHINDA, P.S.- SAHIYARA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in a case registered under sections 364A and 34 of the Indian Penal Code.

As per the prosecution case, the wife of the informant was kidnapped and a ransom demand of Rs. 20 lacs was made on telephone.

The earlier prayer for bail of the petitioner was rejected vide order dated 22.2.2022 passed in Cr. Misc. no. 32055 of 2021.

It is submitted by learned counsel appearing for the petitioner that inspite of the petitioner having remained in

Patna High Court CR. MISC. No.71124 of 2022(3) dt.18-01-2023 2/3 custody since 27.11.2020 and earlier application for bail having been rejected vide order dated 22.2.2022, there is no progress whatsoever in the learned trial Court. It is submitted that the petitioner was not put on T.I. Parade. On the statement under section 164 Cr.P.C learned counsel for the petitioner submits that the alleged victim although takes the name of this petitioner, however, no role has been assigned. It is submitted that the case of the of the petitioner stands on a similar footing to that of co-accused Bittu Kumar whose name was also taken by the alleged victim in her statement under section 164 Cr.P.C and who has been enlarged on bail vide order dated 28.9.2022 (Annexure-3) passed in Cr. Misc. no. 69654 of 2021. The petitioner undertakes to cooperate in the trial. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody since 27.11.2020 and grant of bail to the aforesaid coaccused Bittu Kumar, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 139 of 2021 (arising out of Punaura P.S. Case no. 168 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.71124 of 2022(3) dt.18-01-2023 3/3 learned Additional Sessions Judge XII, Sitamarhi. (Partha Sarthy, J) Prakash/- U