Patna High Court - Orders
Ravi Shankar Kumar vs The State Of Bihar on 18 October, 2016
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34657 of 2016
Arising Out of PS.Case No. -73 Year- 2015 Thana -KASHICHAK District- NAWADA
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Ravi Shankar Kumar, son of Shree Ram Singh, resident of village Dihari,
P.S. Kashichak, district Nawadah .... Petitioner
Versus
The State of Bihar .... Opposite Party
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Appearance :
For the Petitioner : Mr. Gopal Sharan Singh, Adv.
For the Opposite Party : Mr. Mustaque Alam, APP 36
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 18-10-2016Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 07.10.2015 in connection with Kashichak P.S. Case No. 73 of 2015 registered for offence under Sections 363 and 364(A) of the Indian Penal Code and subsequently charge sheet has been submitted under Section 302 of the Indian Penal Code.
The prosecution story, in brief, is that the son of the informant has been kidnapped for ransom and during investigation the involvement of the petitioner revealed.
On behalf of the petitioner it has been submitted that the charge sheet has been submitted in the case. There is no criminal antecedent against the petitioner and there is no allegation of tampering of the witness alleged against the petitioner. The petitioner is not named in the first information report. There is no eye witness to the alleged abduction. The name of the petitioner has come on his self confession. There is no substantive material to suggest his implication in the present case.
On behalf of the State it has been submitted that paragraph 47 of the case diary is the confessional statement of the Patna High Court Cr.Misc. No.34657 of 2016 (3) dt.18-10-2016 2 petitioner before the police which led to the recovery of the articles of the victim. The same is evident from paragraph 53 of the case diary. A witness has been examined under Section 164 of the Criminal Procedure Code and whose statement is referred in paragraph 97 of the case diary, which indicates that the victim boy was taken in the custody by the petitioner along with other co- accused.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Kashichak P.S. Case No. 73 of 2015 pending in the Court of Sri Rajesh Kumar, Judicial Magistrate, 1st Class, Nawadah.
The trial Court is directed to take necessary step to expedite the trial.
(Sudhir Singh, J) SA/-
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