Patna High CourtCR. MISC./77151/2019bail granted

Ravindra Kumar Yadav @ Ravindra Kumar v. The State Of Bihar

2020-03-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77151 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- GOPALPUR District- Patna ====================================================== RAVINDRA KUMAR YADAV @ RAVINDRA KUMAR Son of Shrawan Yadav Resident of Village- Bairiya, P.S.- Gopalpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnath Singh Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2020 Heard both sides.

The petitioner seeks bail in Gopalpur P.S. Case No.189 of 2019 registered under Sections 364, 34, 379, 504 and 506 of the Indian Penal Code.

The informant is the wife of the victim. The informant alleged that while her husband was going along with Jogendra Rai on his motorcycle, the petitioner(Ravindra Kumar Yadav) and 4-5 persons kidnapped him on the allegation that her husband committed theft of chain made of gold. The learned counsel for the petitioner submits that petitioner is the neighbour of the informant. The petitioner was apprehended by the police and since 22.07.2019, the petitioner is in custody. The informant and her husband filed compromise

Patna High Court CR. MISC. No.77151 of 2019(3) dt.16-03-2020 2/2 petition. The victim has already been examined during the course of trial as P.W.1 and he did not support the prosecution case. Petitioner is in jail for more than seven months. Considering the facts that of course there is allegation against the petitioner that he kidnapped the husband of the informant and the husband of the informant was recovered by the police but now the victim himself resiled from his statement made under section 164 Cr.P.C. during the course of trial and did not support the factum of his kidnapping by the petitioner and others and the fact that petitioner has already remained in jail for more than seven months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IX, Patna in connection with Gopalpur P.S. Case No.189 of 2019. (Prabhat Kumar Jha, J) Saurabh/- U T