Patna High CourtCR. MISC./75496/2018rejected

Sonu Shahi v. The State Of Bihar

2019-01-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75496 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- NAURANGIA District- West Champaran ====================================================== Sonu Shahi Son of Abhay Shahi, Resident of Village- Parsani, Police StationChautarwa, District- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin For the Respondent/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2019 Heard both sides.

The petitioner apprehends his arrest in Naurangia P.S. Case No.36 of 2018 registered under Sections 364(A), 34 and 120 of the Indian Penal Code.

The informant alleged that while his brother going along with Aslam Ansari his brother was kidnapped by four persons who had come with two motorcycles. The kidnappers called on the mobile of the brother of the informant and demanded extortion. Two accused persons came near Bawan Garhi bridge to collect extortion money but Aslam identified one of them who was apprehended on such, accused persons let off the brother of the informant. The informant named the petitioner that he was also one of the kidnappers of his brother.

Patna High Court Cr.Misc. No.75496 of 2018(4) dt.15-01-2019 2/2 The learned counsel for the petitioner submits that victim did not identify the petitioner in his statement made in para 12 of case diary. During the course of investigation, the witnesses in para 15, 16, 17 and onward of the case diary disclosed that there was some dispute with regard to money. The victim himself returned but it appears from perusal of the record that victim as well as other witnesses have stated that the petitioner and others kidnapped him. The petitioner has also got criminal antecedent. He is accused in two cases one registered under Section 364 I.P.C. and another under Section 406 and 420 I.P.C.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T