Alok Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11419 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== ALOK KUMAR SINHA SON OF LATE KAMESHWAR PRASAD SINHA R/O MOHALLA- BELWAGANJ, P.O. AND P.S.- LAHERISARAI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NEELAM CHAOUDHARY WIFE OF LATE MOHAN CHOUDHARY R/O MOHALLA- NEW BALBHADRAPUR, P.O. AND P.S.- LAHERISARAI, DISTRICT- DARBHANGA, PIN 846001 3.

HARSH KUMAR @ SONU SON OF LATE MOHAN CHOUDHARY R/O MOHALLA- NEW BALBHADRAPUR, P.O. AND P.S.- LAHERISARAI, DISTRICT- DARBHANGA, PIN 846001 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ugranath Mallik, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, App.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 101, 448, 341, 323, 504, 506, 384 and 386 of the Indian Penal Code. Allegedly, petitioner is said to have withdrawn money worth Rs. 7,79,000/- from the bank account of the complainant. It is further alleged that on 21.03.2022 at about 07.00 PM evening, all the accused persons came at the house of the informant and threatened her to withdraw the case. On refusal,

Patna High Court CR. MISC. No.11419 of 2023(2) dt.11-05-2023 2/3 they assaulted the complainant and snatched golden chain worth Rs. 70,000/-, earring and watch. They also took her signature on three blank papers.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motives. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after the investigation, the police has filed final form against the petitioner but the learned Court below differing the final form took cognizance against him. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the police has filed final form against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.11419 of 2023(2) dt.11-05-2023 3/3 with Complaint Case No. 251 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T