Patna High Court - Orders
Tariq Hussain vs The State Of Bihar on 6 September, 2018
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1329 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Aman Kumar, Son of Awadhesh Prasad @ Awadhesh Pd. Barnwal,
Resident of Bherihakhi, P.S.- Sathi, District- West Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s
======================================================
with
Criminal Appeal (SJ) No.1361 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Tariq Hussain, son of Jakir Hussain, resident of Amaithi Khurd, P.S.-
Thave, District- Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s
======================================================
with
Criminal Appeal (SJ) No.1519 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Bittu Yadav @ Bittu Chaudhary @ Bittu Kumar, son of Santosh Yadav,
resident of Village- Bikrampur, P.S.- Yadopur, District- Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s
======================================================
with
Criminal Appeal (SJ) No.1531 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Jai Prakash Chourasiya, Son of Late Meghunath Bhagat @ Meghnath
Chourasiya, Resident of Village - Sadhu Chouk Sareya (Mathia), P.S. -
Gopalganj, District - Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar.
Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 2
.... .... Respondent/s
======================================================
with
Criminal Appeal (SJ) No.1724 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Divya Kumari D/o Late Raghunath Prasad, Resident of Village-
Bharkuiya, P.S. Barauli, District- Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
======================================================
with
Criminal Appeal (SJ) No.2004 of 2018
Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
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1. Chandan Kumar Patel, Son of Manager Patel, Resident of Village-
Bikrampur, P.S.- Jadopur, District- Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s
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Appearance :
(In CR. APP (SJ) No.1329 of 2018)
For the Appellant/s : Mr. Ajay Kumar Thakur-Advocate
Mr. Mritunjay Prasad Singh-Advocate
For the Respondent/s : Mr. Zeyaul Hoda-A.P.P.
(In CR. APP (SJ) No.1361 of 2018)
For the Appellant/s : Mr. Mritunjay Prasad Singh-Advocate
For the Respondent/s : Mr. Binod Bihari Singh-A.P.P.
(In CR. APP (SJ) No.1519 of 2018)
For the Appellant/s : Mr. Ashish Giri-Advocate
For the Respondent/s : Mr. Shyed Ashfaque Ahmad-A.P.P.
(In CR. APP (SJ) No.1531 of 2018)
For the Appellant/s : Mr. Mritunjay Prasad Singh-Advocate
For the Respondent/s : Mr. Zeyaul Hoda-Advocate
(In CR. APP (SJ) No.1724 of 2018)
For the Appellant/s : Mr. Birendra Kumar Singh-Advocate
For the Respondent/s : Mr. Sujit Kumar Singh-A.P.P.
(In CR. APP (SJ) No.2004 of 2018)
For the Appellant/s : Mr. Pankaj Kumar Dubey-Advocate
For the Respondent/s : Mr. Shyed Ashfaque Ahmad-A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 3
CAV ORDER
07 6-09-2018These six appeals originate against the common judgment of conviction and sentence, whereupon the interlocutory prayer having made on behalf of respective appellant regarding grant of bail till pendency of these appeals after suspending the sentence have been heard analogously and are being disposed of by a common order.
2. It has been submitted on behalf of appellants that the allegation on its face attracts Section 364A of the I.P.C. along with other allied Sections in the background of the fact that abduction of Shambhawi Goyal @ Gunjun (PW-5) was for extorting ransom, but the learned lower Court had held the appellants guilty under Section 364 of the I.P.C. along with other allied Sections. That being so, the prosecution case as framed at an initial stage is found completely vanished. Furthermore, it has also been submitted that victim has been examined as PW-5, who had not identified any of the appellants nor there happens to be any kind of incriminating material flashed during course of trial at the end of the prosecution against the appellants. It has also been urged that all the material witnesses failed to connect each of the appellant with the alleged crime, nor claimed identification. So, absolutely it is a case of no evidence, whereupon appellants are Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 4 entitled for bail till pendency of instant appeal after suspending the sentence.
3. On the other hand, learned Additional Public Prosecutor while opposing the prayer for bail has submitted that the infirmity whatever been pointed out at the end of the appellants regarding application of Section 364 I.P.C. or Section 364A I.P.C. happens to be out of consideration at the present stage. Furthermore, it has also been submitted that there happens to be ample material available on the record speaking about involvement of these appellants. Consequent thereupon, prayer for bail be rejected.
4. Heard the rival submissions. Gone through the record. As directed by the Apex Court, in depth scrutiny of the material for the present purpose is forbidden, save and except, referring the facts, which are necessary for present consideration. Shambhawi Goyal @ Gunjun (PW-5) was kidnapped while she was in a way to home from school followed with demand of ransom by the kidnapper over the mobile of her father. The caller mobile number has been incorporated as 7634055131, whereupon the police came into action, located tower position and then, got the victim rescued from a Scorpio Jeep through which, she was taken away to a remote place. Two persons namely Brajesh @ Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 5 Brijesh Yadav and Ajay Kr. Soni @ Sonu were apprehended while they were engaged in watching victim. Then thereafter, their inculpatory extra-judicial confessional statement were recorded and on the basis thereof, different accused persons were apprehended, who faced trial meeting with the ultimate result, adverse to their interest.
5. From the evidence of material witnesses, it is apparent that the same suffer from severe deficiencies, so far appellants Aman Kumar (Cr. Appeal (S.J.) No.1329 of 2018), Tariq Hussain (Cr. Appeal (S.J.) No.1361 of 2018), Bittu Yadav @ Bittu Chaudhary @ Bittu Kumar (Cr. Appeal (S.J.) No.1519 of 2018), Jai Prakash Chourasiya (Cr. Appeal (S.J.) No.1531 of 2018) and Divya Kumari (Cr. Appeal (S.J.) No.1724 of 2018) are concerned, accordingly, they are directed to 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 Additional Sessions Judge-VIII, Gopalganj in connection with Sessions Trial No.316 of 2017 arising out of Gopalganj Town P. S. Case No.54 of 2017, till pendency of instant appeal in terms of Section 389(1) of the Cr.P.C.
6. Now, coming to the plea of appellant, Chandan Kumar Patel (Cr. Appeal (S.J.) No.2004 of 2018), it is evident Patna High Court CR. APP (SJ) No.1329 of 2018 (07) 6 from the evidence of I.O. (PW-11) along with PW-8 and PW-10 that the I.M.E.I. Number was of the mobile by which ransom was demanded, traced out, which happens to be 356364080118623, and the same set was recovered from the possession of the appellant Chandan Kumar Patel and is found under Exhibit-7/2.
7. That being so, his prayer for bail is rejected.
8. Realization of fine is stayed till pendency of instant appeal in terms of Section 389(1) of the Cr.P.C. considering all the appellants.
(Aditya Kumar Trivedi, J) Vikash/-
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