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Patna High CourtCR. MISC./75076/2019bail granted

Arjun Ram v. The State Of Bihar

2019-12-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75076 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- MUSAHARI District- Muzaffarpur ====================================================== ARJUN RAM S/o Jay Kisun Ram Resident of Village- Bhataulia, P.S.- Musahari, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Goswami, Advocate.

Mr. Pawan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363, 365, 366A and 307/34 of the Indian Penal Code.

Three unknown motorcycle borne criminals are said to have kidnapped the daughter of the informant on the motorcycle intruding into her house resorting firing upon the leg of her husband.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is not named in the F.I.R. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence

Patna High Court CR. MISC. No.75076 of 2019(3) dt.18-12-2019 2/2 barring the confessional statement of co-accused Anil which has no evidentiary value in the eye of law. The victim in her statement recorded under Sections 161 and 164 Cr.P.C. has not named the petitioner rather named Anil and Raju for taking away the victim in the forest and keeping her there for two days administering some intoxicating substance to her. Petitioner has no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-VIcum-A.C.J.M., Muzaffarpur in connection with Mushahari P.S. Case No. 250 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T