IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41195 of 2009 PRAMOD DAS Versus STATE OF BIHAR ----------- 02/ 07-12-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Tariyani P.S. Case No. 97 of 2009 for offences punishable under Sections 364(A)/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. which has been instituted after a delay of three days from the date of occurrence is regarding alleged kidnapping of the husband of the informant. The case is against unknown and the name of the petitioner has transpired during the course of investigation upon arrest of one Ranjeet Kumar who has stated that this petitioner had handed over a mobile which is said to be pertaining to the deceased. Learned counsel appearing on behalf of the petitioner submits that he has been arrested merely on suspicion and that the allegation is not correct. He further submits that the informant has subsequently instituted a Complaint on 11.08.2009 naming certain persons for kidnapping of her husband. Learned counsel submits that neither the petitioner has been named in the F.I.R. nor in the Complaint petition instituted subsequently, copy of which is placed at Annexure-2 of the bail application. Learned counsel submits that he has no criminal history and has been arrested on mere suspicion. - 2 - Having regard to the facts and circumstances set forth, let petitioner Pramod Das be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sheohar at Sitamarhi in connection with Tariyani P.S. Case No. 97 of 2009. S.Sb/- (Jyoti Saran, J.)