Ashok Kumar Dwivedi @ Ashok Kumar Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18850 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -SC/ST District- KATIHAR ====================================================== Ashok Kumar Dwivedi @ Ashok Kumar Dubey Son of Late Sudhakar Dubey .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 448, 379, 504, 506/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Prosecution case is that the informant was assaulted by the petitioner Ashok Kumar Dubey and co-accused Mukesh Singh with fist and slaps and abused by calling caste name. It is also alleged that the petitioner snatched a gold chain worth Rs.6000/- from the neck of the informant.
It is submitted by learned counsel for the petitioner that the present FIR was lodged on 12.01.2016 for the occurrence of 10.01.2016 whereas the driver of the petitioner Mukesh Singh
Patna High Court Cr.Misc. No.18850 of 2016 (2) dt.03-05-2016 2/2 lodged Katihar (T) P.S. Case No.21/2016 on 10.01.2016 against the informant levelling accusation under sections 341, 323, 427, 504, 379/34 of the Indian Penal Code.
Considering the delayed lodging of the FIR and the FIR lodged on behalf of the driver of the petitioner at earlier point of time, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Katihar in connection with Katihar SC/ST P.S. Case No.02/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T