Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82607 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- GOH District- Aurangabad ====================================================== 1.

RAJESH KUMAR Son of Bindeshwar Prasad Resident of Village - Dhana, P.O.- Kab, P.S.- Rani Talab, Distt.- Patna.

2.

Pramod Kumar Son of Tej Pratap Singh Resident of Village - Sardha Chapra, P.O.- Saidabad, P.S.- Rani Talab, Distt.- Patna. 3.

Vikash Kumar Son of Birendra Kumar Resident of Village - New Tapowan Colony, Bhui Khoti, P.S.- Saraikela, Distt.- Dhanbad (Jharkhand). ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Purushotam Sharma For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Goh P.S. Case No. 171 of 2019 for the offence punishable under Section 365/34 of the Indian Penal Code.

It is alleged in the First Information Report that the informant's son, Ajit Kumar, was kidnapped by five persons, named in the First Information Report, in a Scorpio vehicle. The kidnappers were allegedly demanding return of the remaining amount, which the victim had taken on friendly loan. Learned counsel for the petitioners has drawn my attention to the submission of the victim, recorded under Section

Patna High Court CR. MISC. No.82607 of 2019(3) dt.18-06-2020 2/3 164 of the Code of Criminal Procedure, to the effect that he has not disclosed that the name of these petitioners, who had allegedly kidnapped him. He has further submitted that it is evident from the First Information Report and the statement of the victim that there was some dispute of accounting between the parties.

Be that as it may, considering the nature of allegation in the First Information Report and the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad, in Goh P.S. Case No. 171 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.82607 of 2019(3) dt.18-06-2020 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T