Patna High Court – Orders
Guddu Giri vs The State Of Bihar on 30 April, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.987 of 2024
Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran
======================================================
Premjit Mahto @ Paramjit Mahto S/O Ramsewak Mahto Resident of
Champapur, Tola Balua, P.S.- Ramgadhwa, District- East Champaran.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 1010 of 2024
Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran
======================================================
Rinku Devi W/O Rajesh Giri @ Rajesh Ban Resident of Village- Balua, P.S-
Ramgarhwa, District- East Champaran
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 1143 of 2024
Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran
======================================================
Guddu Giri Son of Late Harnath Giri @ Late Harinath Giri Resident of
Village- Amwa Tonwa, P.S.- Jharokhar, Distt.- East Champaran
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 1454 of 2024
Arising Out of PS. Case No.-25 Year-2019 Thana- RAMGARHWA District- East Champaran
======================================================
Md Kalam @ Md Kalamuddin S/O Md. Hadish Mian R/O Village-Basat
Patti ,P.S-Purnahiya, District- Sheohar.
... ... Appellant
Versus
The State of Bihar
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
2/8
... ... Respondent
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 987 of 2024)
For the Appellant : Mr. Krishna Kant Singh, Advocate
For the Respondent : Mr. Manish Kumar No.2, APP
(In CRIMINAL APPEAL (DB) No. 1010 of 2024)
For the Appellant : Mr. Suman Kumar Singh, Advocate
For the Respondent : Mr. Manish Kumar No2
(In CRIMINAL APPEAL (DB) No. 1143 of 2024)
For the Appellant : Mr. Sunil Kumar No.III, Advocate
For the Respondent : Mr. Abhimanyu Sharma, APP
(In CRIMINAL APPEAL (DB) No. 1454 of 2024)
For the Appellant : Mr. Vijay Shankar Shrivastava, Advocate
For the Respondent : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
6 30-04-2025
Heard learned counsel for the appellants and learned
Additional Public Prosecutors for the State.
2. These records have been placed before this Court to
consider the prayer of the appellants for suspension of their
sentence and release on bail during pendency of the appeal.
3. The appellants have been convicted vide judgment
dated 26.06.2024 and sentenced vide order dated 03.07.2024
passed by learned 1st Additional District & Sessions Judge, East
Champaran, Motihari for the offence under Section 364(A) read
with Sections 34 and 120(B) of the Indian Penal Code (in short
‘IPC‘) in Sessions Trial No. 575 of 2019 arising out of
Ramgarhwa P.S. Case No. 25 of 2019. They have been ordered
to undergo life imprisonment with a fine of Rs. 20,000/- under
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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Section 364(A) of the IPC and in default of payment of fine,
they shall further undergo rigorous imprisonment for one year.
They shall further sentenced to rigorous imprisonment for life
and fine of Rs.20,000/- for the offence punishable under Section
120(B) of the IPC.
4. The prosecution case is based on the written
application submitted by one Awadhesh Bharti @ Mukesh
Bharti (P.W.-6) who informed the Officer-in-charge of
Ramgarhwa, East Champaran Police Station regarding the
missing of his son Kunal Bharti aged about 6 years and his
neighbour’s son namely Prince Kumar, Son of Rajesh Ban aged
about 9 years since 22.01.2019 after 4-5 P.M. On the basis of
this written application, the Fir was registered on 23.01.2019
under Section 363/365 of the IPC.
5. It has come in evidence that Rinku Devi who is
aunt of one of the victim boy namely, Kunal Bharti had planned
the kidnapping of the boy Kunal Bharti (P.W.-7) with her devar
Guddu Giri.
6. Rajesh Ban (P.W.-5) who is father of the another
missing boy Prince has stated in his evidence that Rinku Devi is
his wife and Prince is his child. According to him both the boys
had gone to Champapur while playing and thereafter they had
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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gone to Raxaul by a tempo and then they went missing to Nepal.
P.W.-5 has claimed that they returned after police enquired their
name and address and informed. He has categorically stated that
no one had kidnapped them.
7. The two victim boys have been examined as P.W.-7
and P.W.-9. P.W.-7 is Kunal Bharti who has named Guddu Giri
as the person who had first takem him to a place for breakfast.
P.W.-7 has stated that Guddu Giri had taken him to Nepal and
when he asked him to set him afree then he threatened him to
kill by pressing his neck. He had closed his mouth by a
handkerchief and had thrown him in a sugarcane field
whereafter a person came and asked him his address then P.W.-7
disclosed him the name of his village and telephone number
whereafter he had given a call at his house and then police came
and with police he had come to the court. He claimed to have
identified the accused in dock as Guddu Shah but the accused in
dock was Guddu Giri. He did not identify any other person. In
his cross-examination, however, P.w.-7 has stated that Guddu
Shah is his co-villager but he had seen Guddu Giri for the first
time. Regarding Mohammad Kalam, he has stated in cross-
examination that he was seeing this person for the first time.
8. We have noticed from the evidence on the record
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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that the I.O. (P.W.-8) has claimed to have recovered the victim
boy Kunal Bharti from an orchard situated adjacent to the Nepal
border in village Jamunia. The I.O. claims that the recovery was
made on the disclosure of the accused persons. He had arrested
Rinku Devi and Guddu Giri whose confessional statements were
recorded. It, however appears that neither arrest memo of the
accused showing the date and time of arrest nor their disclosure
statement under Section 27 of the Evidence Act leading to the
recovery of the victim boy has been proved in evidence.
9. This Court has also noticed that there is no
recovery memo of the boy Kunal Bharti. In his 164 Cr.P.C.
statement, the boy Kunal Bharti (P.W.-7) had named only Guddu
Giri. He has stated that it was Guddu Giri who had taken him
and Prince on his motorcycle to Champapur. On this point, 164
statement of Prince and Kunal are consistent.
10. The informant (P.W.-6) has stated that police had
recovered his son and that his son was thrown in a forest. In his
cross-examination he has stated that both the boys in their
statement under Section 164 Cr.P.C. had not taken name of
Paramjit Mahto.
11. From the materials available on the record, we
have prima-facie noticed for suspension of sentence and release
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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on bail of the appellants that there are evidences against Guddu
Giri (appellant in Cr.App(DB) No.1143 of 2024) of his taking
away the victim boy on his motorcycle. So far as the other
appellants are concerned, we find that they have made out a
good case for suspension of sentence and release on bail. This
Court, has taken a prima-facie view that these appellants except
Guddu Giri stand for fair chance of acquittal in this case. We,
find it a good case for grant of suspension of sentence and
release on bail of the appellants during pendency of the appeal.
12. In the entire evidence there is nothing to suggest
that at any point of time any ransom was demanded from the
informant. Considering the palpable materials which we have
noticed hereinabove, while rejecting the prayer of suspension of
sentence and bail of the appellant Guddu Giri (in Cr.App.(DB)
No.1143 of 2024), we direct suspension of sentence and release
on bail to appellants namely Premjit Mahto @ Paramjit Mahto
in Cr.App.(DB) No.987 of 2024, Rinku Devi in Cr.App.(DB)
No.1010 of 2024 and Md. Kalam @ Md. Kalamuddin in
Cr.App.(DB) No.1454 of 2024 on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned 1 st
Additional District & Sessions Judge, East Champaran,
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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Motihari in Sessions Trial No. 575 of 2019 arising out of
Ramgarhwa P.S. Case No. 25 of 2019.
13. The fine, if any, imposed as a part of sentence
shall remain suspended during pendency of the appeal.
14. It is made clear that the observations made
hereinabove, with regard to fair chance of acquittal of the
appellants in paragraph ’12’ has been recorded only keeping in
view the requirement as laid down by the Hon’ble Supreme
Court in the case of Omprakash Sahni vs. Jai Shankar
Chaudhary and Another reported in (2023) 6 SCC 123
reiterated in the case of Janardan Ray versus The State of Bihar
and Another passed in Criminal Appeal Nos. 1892-1893 of
2025 on 09th April, 2025.
15. The observations are only prima-facie and
tentative for the purpose of suspension of sentence and bail only
which would not cause prejudice to the either parties.
16. List this appeal for hearing on it’s turn.
17. This Court has been informed that Guddu Giri is
in jail since 21.02.2019 and has completed six years in
incarceration.
18. Considering the period of incarceration of the
appellant Guddu Giri in jail, this Court is of the opinion that this
Patna High Court CR. APP (DB) No.987 of 2024(6) dt.30-04-2025
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appeal is required to be heard at an early date.
19. Registry shall prepare the paperbooks and list the
appeal for hearing on 4th of August, 2025.
(Rajeev Ranjan Prasad, J)
(Ashok Kumar Pandey, J)
Durgesh/-
Shubham/-
U T
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