Ankesh Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83724 of 2024 Arising Out of PS. Case No.-388 Year-2024 Thana- RAJIVNAGAR District- Patna ====================================================== Ankesh Aman Son of Sri Awadhesh Kumar R/o - Netaji Subhash Marg, Jai Prakash nagar, Road No.05, Ashiana Nagar, P.S - Rajiv Nagar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwanath Gupta, Adv.
Mr.Rashmi Kinjalk, Adv.
For the Opposite Party/s :
Mr .Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-12-2024 Heard Mr. Vishwanath Gupta, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Rajiv Nagar P.S. Case No. 388 of 2024 for the offences punishable under Sections 137(2) & 140(2) of the BNS, lodged on 02.07.2024 by the informant, Ashok Singh.
3. As per the prosecution story, the informant alleged that his minor son went to the school but went missing, this led to the FIR/arrest.
4. Subsequently, the investigation took place and stopped at the door of Ankesh Aman (the petitioner herein) who was the landlord where the informant was residing. It came to light that he along with Chandan Kumar kidnapped the minor boy, kept him in the house of Ankesh Aman, was given an
Patna High Court CR. MISC. No.83724 of 2024(2) dt.05-12-2024 2/3 injection making him unconscious, taken in the car of the petitioner and en route, another person sat in the car, whereafter, it is alleged that he was taken to the house of Chandan Kumar, kept there. It was only after the phone call of the father of Chandan Kumar that the boy could be rescued.
5. Learned counsel for the petitioner submits that though he has been named along with Chandan Kumar and the allegation is that he kept the child in his house, put injection and then took him in the car, the entire case has been thrust upon him for which he has already suffered.
6. Learned APP, Mr. Jitendra Kumar Singh submits that there is direct allegation against this petitioner as also against Chandan Kumar that having conspired to kidnap the minor boy for easy money, he planned the entire episode with accused Chandan Kumar. His submission is that previously the case diary was available in the case Rahul Kumar (Cr. Misc. No. 64434 of 2024) and the entire facts stand incorporated in the earlier order passed by this Court passed on 04.12.2024 in Cr. Misc. No. 64434 of 2024 and analogous case in which bail application of Chandan Kumar (Cr. Misc. No. 82781 of 2024) was rejected.
7. Having gone through the facts of the case as also
Patna High Court CR. MISC. No.83724 of 2024(2) dt.05-12-2024 3/3 the materials on record and perusal of order dated 04.12.2024 in Cr. Misc. No. 64434 of 2024, it is clear that it was this petitioner who along with Chandan Kumar conspired and kidnapped the minor boy, took him to his house, gave injection, once he became unconscious, took him in the car and ultimately, was recovered from the house of Chandan Kumar at Jehanabad.
8. In that background, this Court has no option but to reject the bail petition of the petitioner.
9. Accordingly, the bail petition stands rejected. (Rajiv Roy, J) perwez U T