Praveen Kumar @ Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7410 of 2020 Arising Out of PS. Case No.-544 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Praveen Kumar @ Pravin Kumar Son of Vijay Kumar @ Vijay Sah Resident of Village - Sahu Chowk, Ward No.18, Mehsaul O.P., P.S.- Sitamarhi, Dist.- Sitamarhi ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Sitamarhi (Mehsaul o.p.) P.S. Case No. 544 of 2019 registered for the offence punishable under Sections 341, 342, 323, 354, 504 of Indian Penal Code. Learned counsel for the petitioners submits that the petitioner has been falsely implicated in this case, no such occurrence has ever taken place and it is the admitted position that the petitioner was working in the showroom of the informant. The informant's husband died in the year 2018 and since then she has been taking care of the showroom. It is further submitted that after death of informant's husband he has not been given his commission.

Learned APP has opposed the prayer for anticipatory

Patna High Court CR. MISC. No.7410 of 2020(2) dt.02-03-2020 2/3 bail of the petitioners.

Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner that in fact it is a false and fabricated case against the petitioner because he was pressurizing the informant to pay his outstanding dues for the work rendered by him in the shop, namely, M/s Sai Auto Mobile, Nahar Chowk Dumra, further submission is that the said shop belonged to the husband of the informant who died in the year 2018 and thereafter the informant was taking care of the shop and the petitioner was demanding his dues and the submission of learned counsel for the petitioner is that it seems highly improbable that at about 20:45 hours which means 8:45 P.M.

during night hours on the telephone call of this petitioner the informant will go to her shop and there the kind of occurrence alleged may take place, as also that the petitioner has no criminal antecedent, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 544 of 2019 be released on bail on furnishing of bail bond of Rs.

Patna High Court CR. MISC. No.7410 of 2020(2) dt.02-03-2020 3/3 laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T