Patna High CourtCR. MISC./32083/2014bail granted

Vivek Kumar @ Bibek Kumar And ORS v. The State Of Bihar

2015-01-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32083 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -KANKARBAGH District- PATNA ======================================================

1. Vivek Kumar @ Bibek Kumar Son of Ramendra Kumar Sinha

2. Lucky Kumar @ Lucky Son of Dev Lal Paswan

3. Titu @ Tuttu @ Nakta @ Natkatta Son of Arvind Prasad all resident of Mohalla - East Indra Nagar Road No. 4 A, P.S. Kankarbagh, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kashyap, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No. 04 of 2014 arising out of Complaint Case No. 3882(c) of 2013 registered under Sections 341, 448, 384, 379 and 504/34 of the I.P.C.

Learned counsel appearing on behalf of the petitioners submits that on the basis of written report of Manu Kumar, brother of petitioner no.1 Kankarbagh P.S. Case No. 459 of 2013 was instituted on 04.11.2013 for the offence under Sections 448, 341, 323, 307, 506/34 of the I.P.C. and 27 of the Arms Act against the Rakesh Kumar, son of the complainant

Patna High Court Cr.Misc. No.32083 of 2014 (2) dt.21-01-2015 2/2 informant of the present case, Mukesh Kumar and two others regarding the occurrence dated 03-4.11.2013. Due to that reasons, Rakesh Kumar, son of the informant got managed to file the Complaint Case No. 3882 of 2013 through her in the Court of C.J.M., Patna on 26.11.2013 with false allegation showing the incident of 24.10.2013 against petitioners, on which basis the present case is lodged only to put undue pressure. Having considered the facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the Court below within four weeks from the date of receipt/production of the copy of this order, be released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Khyati Singh, Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 04 of 2014(G.R. No. 49/2014) arising out of Complaint Case No. 3882(c) of 2013, subject to the conditions as laid down under Section 438(2) of Cr. P.C. (Rajendra Kumar Mishra, J.)