Sanjeev Kumar @ Sanjeev Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72158 of 2022 Arising Out of PS. Case No.-576 Year-2021 Thana- SONEPUR District- Saran ====================================================== SANJEEV KUMAR @ SANJEEV KUMAR DAS SON OF NAGESJWAR DAS R/O VILLAGE- MISHRAULIYA, P.S.- BELSAR (O.P.), DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Sonepur P.S. Case No.576 of 2021 dated 03.10.2021 registered for the offences punishable under Sections 363, 367 and 369 of the Indian Penal Code.

3.

As per the prosecution, the informant's minor son aged about 5 years was kidnapped for the purpose of selling.

4.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner's name surfaced in the statement of co-accused Kiran Devi and as per her statement, petitioner runs a shop where the said Kiran Devi

Patna High Court CR. MISC. No.72158 of 2022(3) dt.01-05-2023 2/3 worked as an agent with whom the petitioner had some dispute and in the bank account of the petitioner no any transaction was found with regard to money which was alleged to have been received by selling the informant's child and the petitioner has fair and clean antecedent and has been languishing in jail since 16.08.2022 and as per prosecution's allegation co-accused Asha Devi had kidnapped the informant's son in which the petitioner had no role.

5.

Learned APP appearing for the State has opposed the bail prayer.

6.

Heard both the sides and perused the FIR and case diary of this case. The instant matter relates to kidnapping of informant's minor son aged about 5 years and during course of investigation, co-accused persons Asha Devi and Kiran Devi were arrested and they accepted their involvement in kidnapping of the informant's child and also accepted the said child having been sold to someone and thereafter petitioner's involvement in the alleged crime also surfaced and after that in following with the disclosure made by this petitioner the child was recovered and in this regard relevant details are mentioned in paragraph Nos. 131 and 132 of the case diary. Considering the seriousness of the allegation

Patna High Court CR. MISC. No.72158 of 2022(3) dt.01-05-2023 3/3 appearing against the petitioner, in the opinion of this Court it is not appropriate to enlarge the petitioner on bail at this stage. Accordingly, his bail prayer stands rejected. Petitioner may renew his bail prayer after framing of charge, if the same has not been framed.

(Shailendra Singh, J) sangam/- U