Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15777 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- MAHESI District- East Champaran ====================================================== KARAN KUMAR Son of Ram Jinis Sahni Resident of Village- Bakhari Najir, P.S.- Mahsi, Dist.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 186, 353, 354, 504 and 427/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 11.10.2018 submitted by Kiran Kumari, Female Supervisor, Mehsi to the Station House Officer, Mehsi Police Station is to the effect that on 08.10.2018, while the informant, being, a female supervisor, was convening a general meeting at Ward No.10 of Bakhari Nazir Panchayat, for the purpose of appointment of Sewika/Sahayika, but in the meantime, the husband of the petitioner, Karan Kumar and co-accused Ramakant Kumar came and started creating ruckus and after

Patna High Court CR. MISC. No.15777 of 2019(2) dt.14-03-2019 2/3 snatching the merit list register from the informant tore the same.

It is submitted by learned counsel for the petitioner that for the occurrence of 08.10.2018, the FIR has been registered on 10.10.2018 at 5.10 P.M. It is further submitted that in fact, the wife of the brother of the petitioner namely Soni Kumari was an applicant of Sewika, but during the selection process, the officials demanded illegal gratification against the appointment, for which, the co-accused, who is brother of the petitioner, namely Ramakant Kumar filed a written report before the S.H.O., Mehsi police station on 07.10.2018 alleging the misdeed of the C.D.P.O., namely Reema Kumari, hence in order to save their own skin, the present case has maliciously been lodged against the petitioner and his brother.

It is submitted by learned APP for the State that the accusation is specific against the petitioner. Considering the delayed lodging of the case and the nature of accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.15777 of 2019(2) dt.14-03-2019 3/3 CJM, Motihari, East Champaran, in connection with Mehsi P.S. Case No.352 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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