IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8347 of 2008 AKHIESL MISHRA @ AKHILESH KUMAR MISHRA Versus THE STATE OF BIHAR With Cr.Misc. No.10396 of 2008 SUMIT KUMAR Versus STATE OF BIHAR With Cr.Misc. No.14097 of 2008 AJAY KUMAR GIRI Versus THE STATE OF BIHAR With Cr.Misc. No.14482 of 2008 VIKASH KUMAR RANJAN @ VIKKI & ANR Versus THE STATE OF BIHAR ----------- 2 16.5.2008 As all the four Cr. Misc. cases arise out of the same and hence, they have been heard together and disposed of by this common order. Heard Mr. Tarakant Jha, learned Senior Counsel for the petitioners and learned Addl. P. P. appearing for the State. The common contention of the learned counsel for the petitioners is that the case has though been registered under Sections 363/365/34 of the IPC on the written report of the informant wife regarding abduction of her husband and demand of ransom to the tune of Rs. Five lacs and above. But, it is relevant to point out that a case vide Annexure – 2 was also filed by one Rajendra Yadav against the abducted person, husband of the informant of the present case, under Sections 406 & 420 of the IPC regarding cheating to many persons by taking huge amount from them for some construction work and the said Naresh Kumar Verma (victim) was taken into custody on 19.12.2007 itself as per the averments made in para 16 of the application. Learned counsel for the petitioners submitted that taking the averment made in para 16 of the application, prosecution case as made out in Gandhi Maidan P.S. Case No. 451 of 2007 (Annexure – 2) and the photocopy of forwarding letter dated 21.12.2007 of Sub-Inspector of Police, Gandhi Maidan police station bearing signature of Chief Judicial Magistrate on it, disclosing the fact that FIR named accused Naresh Kumar Verma being forwarded for judicial custody by police, it would transpire that there was never any abduction, rather petitioner Akhilesh Mishra and the victim Naresh Kumar Verma were taken into custody by the police on the same day. The photocopy of the forwarding letter produced in Court for perusal by learned Senior Counsel Sri Yogesh Chandra Verma is made part of this record. In view of the above submissions and also in view of Annexure-2 and the forwarding letter sent to the C.J.M. by Sub-Inspect of police, Gandhi Maidan,all the five petitioners namely, Akhilesh Mishra @ Akhilesh Kumar Mishra, Sumit Kumar, Ajay Kumar Giri, Vikash Kumar Ranjan @ Vikki and Suraj Kumar @ Suraj Soni 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 Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S. Case No. 449 of 2007. DKS/ (Rekha Kumari, J)