Patna High CourtCR. MISC./83213/2023allowed

Ansu Kumar v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83213 of 2023 Arising Out of PS. Case No.-366 Year-2023 Thana- KOTWALI District- Patna ====================================================== Ansu Kumar S/O Ashok Prasad R/O Village- Ekangarsarai, P.S- Ekangarsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 84424 of 2023 Arising Out of PS. Case No.-366 Year-2023 Thana- KOTWALI District- Patna ====================================================== RAHUL KUMAR SON OF BISHUNDEO PRASAD Resident of Village - Jayprakash Nagar, Near Sipara Pul, Ward No.17, P.S. - Jakkanpur, District - Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 83213 of 2023) For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Bharat Lal (In CRIMINAL MISCELLANEOUS No. 84424 of 2023) For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 364A of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of

Patna High Court CR. MISC. No.83213 of 2023(4) dt.19-03-2024 2/3 kidnapping of informant's son when he was on the way to Milar School, where he is student of standard IX. It is further alleged that a ransom call was made on his mobile by mobile no. 7842704074 and demand of Rs. 6 lac was placed with a threatening that his son will be killed if he informs the matter to the police. Thereafter, the FIR was instituted against owner of the alleged mobile number.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Victim boy was recovered on same day and his statement was recorded u/s 164 Cr.P.C. and he stated that accused Dharam Kumar and Anil Kumar were kidnapped and kept him in apartment of petitioner no. 1 where his three friends including the petitioner no. 2 came. Victim boy managed to escape from the clutches of the accused persons. No specific allegation of kidnapping is against these petitioners and also mobile number from which ransom call was made, does not belong to the petitioners. Demand of ransom was also not executed. Petitioners are languishing in judicial custody since 18.5.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.83213 of 2023(4) dt.19-03-2024 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 366 of 2023.

(Sunil Kumar Panwar, J) sushma/- U