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Patna High CourtCR. MISC./17229/2015disposed

Barun Kumar @ Akash Kumar v. The State Of Bihar

2015-07-30Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.17229 of 2015 (3) dt.30-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17229 of 2015 Arising Out of PS.Case No. -672 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Barun Kumar @ Akash Kumar Son of Lalan Prasad Singh resident of Mohalla - Sanchi Patti Shiv Puri, P.S. Town Thana Hazipur, Distt. - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manisha Singh For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 30-07-2015 Heard.

Let the petitioner surrender and pray for regular bail before CJM, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No.672 of 2014 under sections 447, 380, 323 and 341/34 of the Indian Penal Code.

In the opinion of the Court if the present could not be one of the best cases to be handled by a Magistrate, least to talk of the CJM, there could be none. The allegations of theft are generally added up as was submitted for enhancing the allegations and what appears recorded by the learned Sessions Judge in his rejection order was that there have been serious litigation between the parties and it was contended, as such, that a written report with serious allegations was filed before the court below so as to

Patna High Court Cr.Misc. No.17229 of 2015 (3) dt.30-07-2015 ensuring that the petitioner was sent to jail. Submission was that the allegations were absurd and improbable as the solitary accused, like, the petitioner could not dare breaking open the lock of the house of the informant at 3.45 A.M. for committing the acts complained of. The Court believes that the court below shall act as per the observation of this Court and pass an appropriate order in favour of the petitioner, if he surrenders and prays for regular bail.

With the above observation, this petition stands disposed of.

(Dharnidhar Jha, J) B.Kr./- U T