Umesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15400 of 2017 Arising Out of PS.Case No. -60 Year- 2009 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Umesh Kumar, Son of Late Girja Singh, Resident of Village-Nathupur, Police Station Parsa Bazar, District-Patna.

.... .... Petitioner

Versus

1. The State of Bihar,

2. Binod Kumar, S/o Shree Krishna Prasad Resident of Village-Mahavir Nagar Bihta P.S. Bihta, Distt. Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 60 (C) of 2009, registered under Sections 323, 324, 341, 452, 166 and 504/34 of the Indian Penal Code. The allegation of complainant Binod Kumar is that on 02.01.2009 at about 8.00 A.M. he along with his family members was talking to Lalan Paswan, Advocate on some legal matters. In the meantime, Ashok Kumar, I.O of Bihta P.S. Case No. 314 of 2008 along with others entered in the house of complainant and misbehaved and they said that complainant is accused in Bihta P.S. Case No. 314 of 2008. On protest his family members were abused and ultimately he was apprehended by them and he was taken to Police Station where

Patna High Court Cr.Misc. No.15400 of 2017 (2) dt.06-07-2017 2/2 Dhananjay Kumar, Officer-in-Charge of Bihta P.S. made demand of Rs. 20,000/- set free and latter on Bihta P.S. Case No.02 of 2009 was also instituted on first allegation.

Learned counsel for the petitioner submits that while petitioner is named in the complainant with allegation that he along with others reached at the house of the complainant, but no specific overt act has been attributed against the petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 four 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 Judicial Magistrate, 1st Class, Danapur in connection with Complaint Case No. 60 (C) of 2009, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T