Shatrughna Ram @ Shatrughna Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87271 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- DESARI District- Vaishali ====================================================== SHATRUGHNA RAM @ SHATRUGHNA DAS, aged about 33 years, Male, Son of Bishesar Das, Resident of Village - East Paharpur, Ward No. 1, P.S.- Jurawanpur, Distt - Vaishali ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar No.1, Adv.
For the Opposite Party :
Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Desari P.S. Case No. 272 of 2019, registered under Sections 363 and 365 of the Indian Penal Code.
The accusation is that the informant, Ranju Devi, along with her three years old son, Aryan Kumar, sat in tempo at Mohiuddin Nagar, for going to village Dumri to the house of her sister, but, tempo driver stopped the tempo ahead to the village Dumri, near Ashok tree, where two persons were present, came near her and spread the gamcha on her neck in which she became unconscious and, thereafter, pushed her and child on a motorcycle and proceeded towards Hajipur. At that time, one person was talking disclosing name as Shatrughan Ram (petitioner). After 13 minutes, her son, Aryan Kumar, was
Patna High Court CR. MISC. No.87271 of 2019(2) dt.20-01-2020 2/3 snatched, thereafter, she was taken on motorcycle by that person in banana orchard where she was thrown pressing the neck through gamcha. After half-an-hour, she regained consciousness and unfolded gamcha from neck and one person was seen in the light of motorcycle, then, she disclosed the incident to that person, thereafter, local people came and informed the police, thereafter, she was rushed to Sadar Hospital, where she was treated.
Learned counsel appearing on behalf of the petitioner submits that while it is alleged in the first information report that two persons, who boarded the informant and her son on motorcycle were unknown to her, but, in the statement under Section 164 of the Criminal Procedure Code, the informant stated that Shatrughan Ram (petitioner) had come at her maike for the purpose of his marriage with her sister, but, her mother refused to perform the marriage of her daughter. At that time, Shatrughan Ram (petitioner) took her mobile number and used to talk and on several occasions he demanded the money and she paid about Rs.50,000/-. When, again, Shatrughan Ram (petitioner) demanded the money, then, she refused, thereafter, she was being threatened and on threatening she went boarding tempo to Mahnar from where Shatrughan Ram (petitioner) and all three
Patna High Court CR. MISC. No.87271 of 2019(2) dt.20-01-2020 3/3 carried her and her son and informant was thrown snatching her son. In fact, informant made proposal to perform marriage with the petitioner, but, the petitioner refused the proposal as he is already married and with ulterior motive, the informant lodged the present case against the petitioner and others. The petitioner has no criminal antecedent and is in custody since 17.08.2019 and the police after investigation has submitted the charge sheet. Having regard to the facts and circumstances of the case, 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 in connection with Desari P.S. Case No. 272 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, IV, Vaishali at Hajipur. (Rajendra Kumar Mishra, J) Shamshad/- U T