IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13558 of 2010 LALLAN CHAUDHARY Versus STATE OF BIHAR with Cr.Misc. No.8288 of 2010 PRADEEP SRIVASTAVA @ PRADEEP KUMAR SRIVASTVA Versus STATE OF BIHAR with Cr.Misc. No.14282 of 2010 MALAKH CHAUDHARY Versus THE STATE OF BIHAR with Cr.Misc. No.9206 of 2010 DHANANJAY CHAUDHARY @ DHANJAY CHAUDHARY Versus STATE OF BIHAR ----------- 3. 21.5.2010. Heard. The four petitions arise out of Bettiah Town P.S.Case No.353 of 2009 under Section 364A and 120B of the Penal Code. Sanjay Kumar, the brother of the informant was kidnapped and taken away. The informant was being asked for payment of ransom amount of Rs.25,00000/-. The demand was made by making calls by telephone. As regards the prayer for bail of Lallan Chaudhary and Dhananjay Chaudhary, it may be pointed out that one accused, Shobha Chaudhary was arrested and he confessed to the participation in the commission of the offence and pointed out the place where the victim could be found. It was a sugarcane - 2 - field. On search the victim along with petitioners Lallan Chaudhary and Dhananjay Chaudhary were found with the victim in the sugarcane field. Besides, the victim had stated in his statement that it was petitioner, Dhananjay Chaudhary who had taken him by a motorcycle with Shobha Chaudhary towards Bagaha and, lastly, the petitioner Dhananjay Chaudhary was found with the victim as stated earlier. So far as petitioner Pradeep Srivastava is concerned he was found in possession of a few cellular phones of different SIM card numbers. The investigation revealed that the cellular phone of the victim was in custody of the accused persons and they used to relate to other persons through calls made by that cellular phone belonging to the victim. Petitioner Pradeep Srivastava had received several calls on either of the three numbers and the calls which were made from the phone of the victim by the accused were quite longer in duration. Thus the inference of conspiracy and connivance of petitioner Pradeep Srivastava @ Pradeep Kumar Srivastava was inferred. So far as the prayer for bail of - 3 - petitioner Malakh Chaudhary is concerned except that he figures in the confessional statement of Shobha Chaudhary. There was no material against him so as to pointing out that he had any hand in the commission of the offence. Considering the above facts and circumstances, the prayer for bail made on behalf of petitioners, namely, Dhananjay Chaudhary @ Dhanjay Chaudhary, Pradeep Srivastava @ Pradeep Kumar Srivastava and Lallan Chaudhary are hereby dismissed. So far as the prayer for bail of petitioner Malakh Chaudhary is concerned the same is allowed. He is directed 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, Bettiah, District-West Champaran in Bettiah Town P.S.Case No.353 of 2009. B.Kr. ( Dharnidhar Jha, J. )