Pradip Sah And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10560 of 2016 Arising Out of PS.Case No. -946 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Pradip Sah

2. Rabindra Kumar @ Rabindra Kumar Sah @ Rabin Both are sons of Late Janardan Sah, residents of village - Navtolia, near Darjeeling Public School, Ward No. - 01, Police Station and District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Dukha Mahto Son of late Chaliter Mahto, Resident of village - Navtolia, Ward No. 01, Police Station and District - Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 384 of the Indian Penal Code. The prosecution case is that the complainant along with his staff returning from his shop when he was caught hold when petitioner no. 2 Rabindra Kumar on the point of pistol demanded rupees one lakh as extortion and petitioner no. 1 Pradip Sah snatched rupees three thousand from

Patna High Court Cr.Misc. No.10560 of 2016 (2) dt.08-03-2016 2/2 the complainant.

It is submitted by learned counsel for the petitioners that petitioners are next door neighbours of the complainant and in the background of political rivalry the accusation has been levelled. For the occurrence of 28.08.2015 the complaint was filed on 07.09.2015. It is further submitted that petitioner no. 2 lodged Madhepura P.S. Case No. 01 of 2016 against the complainant.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the delayed lodging of the case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhepura in connection with Complaint Case No. 946 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T