Ajeet Kumar @ Ajit Kumar Sahi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86165 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Ajeet Kumar @ Ajit Kumar Sahi Son Of Wakil Yadav Resident Of VillagePathak Milky, Police Station- Dulhin Bazar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gardanibagh P.S. Case No. 186 of 2023 dated 26.02.2023 instituted for the offence punishable under Sections 363, 365/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 14.02.2023 at about 01.30 am, the petitioner along with other co-accused persons forcibly got the husband of the informant boarded in a vehicle and took him somewhere, which was witnessed by his driver. It is alleged that earlier the husband of the informant had taken some money from the accused persons. After two days, her husband contacted the informant and told her that they have demanded increased money. After 10-12 days
Patna High Court CR. MISC. No.86165 of 2023(2) dt.18-01-2024 2/3 her husband did not return to the home. They also assaulted her husband. It is alleged that some untoward incident will happen with her husband.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the husband of the informant was indulged in illegal activities and he has duped many persons by taking money for providing jobs, and as such, many persons have been cheated by him. Learned counsel for the petitioner submits that other co-accused persons have given money to the husband of the informant. Learned counsel for the petitioner further submits that the petitioner has also given four lakh rupees in cash to the husband of the informant and since the job could not be provided by her husband, demand of money was being made, then her husband issued one cheque in favour of co-accused Gyanendra Kumar, for the amount of Rs. 2,70,000/-.
Learned counsel for the petitioner submits that the husband of the informant was found alone by the police near a market. Learned counsel for the petitioner submits that as per the statement of the husband of the informant recorded under Section 164 Cr.P.C., there is no whisper about any extortion.
Patna High Court CR. MISC. No.86165 of 2023(2) dt.18-01-2024 3/3 inordinate delay of 12 days in lodging the First Informant Report. Lastly, it has been submitted that petitioner has two criminal cases against him.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gardanibagh P.S. Case No. 186 of 2023, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T