Raj Kumar Sah @ Raj Kumar @ Pummi @ Pammi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18133 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Raj Kumar Sah @ Raj Kumar @ Pummi @ Pammi son of Ramashish Sah resident of village - Madhoul, P.S. - Maniyari, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 363 of the Indian Penal Code.

It is submitted that due to extraneous consideration the petitioner has been implicated in this case as would be evident from the sequence of events. Though it is alleged that the wife of the informant was missing since 13.04.2016 and an information was received on 14.05.2016 that she was kept in the house of coaccused Ramadhar Singh but no action has been taken by the informant and it is only on 19.05.2016 the FIR has been lodged implicating the petitioner on extraneous consideration. She has also submitted that from the FIR itself it is evident that the victim was not in her proper sense. The petitioner has no criminal

Patna High Court Cr.Misc. No.18133 of 2018 (3) dt.04-05-2018 2/2 antecedent and is in custody since 14.10.2017. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, West, Muzaffarpur in connection with Maniyari P.S. Case No. 86 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T