High Court Patna High Court - Orders

Janardan Gaur vs The State Of Bihar on 7 July, 2008

Patna High Court – Orders
Janardan Gaur vs The State Of Bihar on 7 July, 2008
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.15040 of 2008
                                MD.JAWED
                                 Versus
                           THE STATE OD BIHAR
                                  With
                        Cr.Misc. No.16833 of 2008
                             JANARDAN GAUR
                               Versus
                           THE STATE OF BIHAR
                              -----------

3/ 7.7.2008 Since both the above applications arise out

the one and the same P.S.Case, they have been heard

together and are being disposed of by this common

order.

According to allegation, Dr.A.P.S.Kamal,

father of the informant, was called by petitioner

Md.Jawed and thereafter informant’s father did not

return and it was suspected that he might have been

kidnapped.

In course of investigation, the victim has

been recovered and he has given his statement under

Section 164 of the Code of Criminal Procedure in which

he has stated that petitioner Md.Jawed had asked him to

accompany and on his behest, he leaved the house and he

was kidnapped and a demand of Rs.20,00000/- as ransom

was made. The victim was taken away from one place to

another but he was lastly rescued by the police.

On behalf of petitioner Md.Jawed

(Cr.Misc.No.15040 of 2008), it has been submitted that

he was merely used in the offence and there is no

allegation of using any force against him.

The victim in his statement has described as

to how he was called by this petitioner Md.Jawed and as

to how he was kidnapped. Considering the allegation, I

am not inclined to grant bail to this petitioner.
2

Accordingly, his prayer for bail is rejected.

So far another petitioner Janardan Gaur

(Cr.Misc.No.16833 of 2008) is concerned, he is ordered

to be released on bail on furnishing bail bond of

Rs.10,000/-(ten thousand) with two sureties of the like

amount each to the satisfaction of Chief Judicial

Magistrate, Bhagalpur in Kotwali P.S.Case No. 695 of

2007.

Tahir/-                         ( Shyam Kishore Sharma, J. )