Rajesh Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23628 of 2015 Arising Out of PS.Case No. -27472 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rajesh Kumar Mishra .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra Jha-3 For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504 and 379 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.

It is alleged that the complainant being an advocate was working on behalf of Kaushal Kishore Singh who is the Managing Director of M/s Poonam Anzicon Pvt. Ltd., a construction company. Co-accused Kaushal Kishore Singh is the defendant in Title Suit No. 188 of 2008 when the complainant demanded his professional fee then he was abused and assaulted. It is alleged against the petitioner that he caught collar of the complainant when co-accused Chandra Shekhar took out Rs.5,000/- from the

Patna High Court Cr.Misc. No.23628 of 2015 (2) dt.07-07-2015 2/2 pocket of the complainant.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against Kaushal Kishore Singh. The complainant in his S.A. has not levelled accusation under SC/ST (Prevention of Atrocities) Act against the petitioner. Dr. Seema, the sister-in-law of co-accused Chandra Shekhar has filed a case at earlier point of time against the complainant. Considering 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Patna in connection with Complaint Case No. 27472C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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