Tuntun Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65086 of 2018 Arising Out of PS. Case No.-93 Year-2017 Thana- RANIYATALAB District- Patna ====================================================== Tuntun Verma, Son of Vijendra Verma, Resident of Village- Shivpur, P.S. Rani Talab, Distt. Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo For the Opposite Party/s :
Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 364 and 365/34 of the Indian Penal Code.
The prosecution case, as per the written report of Suryamani Devi submitted to the Station House Officer of Ranitalab (Kanpa) P.S. is to the effect that in the vengeance of a serious land dispute, the son of the informant namely, Dharmendra Kumar was kidnapped by the accused persons. It is alleged that on 24.05.2017, the son of the informant had gone to market for purchasing grocery but when he did not return till evening, thereafter, search was made by informant calling on his mobile phone, but his mobile was switched off. On 04.06.2017 the informant again made calls on her son's mobile phone when some other person received the call and informed the informant
Patna High Court Cr.Misc. No.65086 of 2018(2) dt.12-12-2018 2/3 that he has found this mobile phone somewhere thereafter, he switched off the mobile and hence, suspicion was raised that three accused persons named in the FIR have kidnapped the son of the informant. Though, in the statement udner Section 164 Cr.P.C., the victim supported the prosecution case. It is submitted by learned counsel for the petitioner that on conclusion of the investigation, the petitioner has not been sent up for trial but differing with the final form, the cognizance has been taken. It is further submitted that the petitioner is accused in three other cases lodged by the informant side and in all those cases he is on bail. Learned APP submits that the that the accusation is being supported by the victim in the statement recorded under Section 164 Cr.P.C.
Considering the fact that on conclusion of the investigation the petitioner was not sent up for trial and the accusation has been levelled in the background of serious land dispute, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Danapur, Patna in
Patna High Court Cr.Misc. No.65086 of 2018(2) dt.12-12-2018 3/3 connection with Rani Talab P.S. Case No. 93 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T