Vijay Kumar Chaudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.41860 of 2014 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41860 of 2014 Arising Out of PS.Case No. -8 Year- 2014 Thana -BELA District- MUZAFFARPUR ======================================================

1. Vijay Kumar Chaudhary Son of Ram Nath Chaudhary Resident of Village-Hasan Chak Bangara, P.S.-Sadar, District-Muzaffarpur.

2. Dinesh Mahto Son of Late Sakal Mahto Resident of Village-Hasan Chak Bangara, P.S.-Sadar, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-03-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners namely Vijay Kumar Chaudhary and Dinesh Mahto who apprehends their arrest in Bela P.S. Case No.8 of 2014 under Sections 341, 323, 307, 384, 379, 504 and 506/34 I.P.C.

According to the prosecution case, the complaint was filed by the complainant, Satyendra Jha against the petitioners alleging that the petitioners demanded Rangdari of Rs.1 lakh and Rs.15,000/- per month for doing truck business and threatened to disappear him and truck, if the demand is not fulfilled. Subsequently, they assaulted the informant and took Rs.10,000/-

Patna High Court Cr.Misc. No.41860 of 2014 (2) dt.20-03-2015 from his pocket.

The learned counsel for the petitioners submitted that false allegation has been made by the informant as there was dispute between both of them regarding the partnership, as the informant was partner in a business of the petitioner. It appears that a complaint case was filed which was sent to the police for investigation and thereafter, it was registered as Bela P.S. Case No.8 of 2014. The allegation is that he was assaulted by the petitioners and they took Rs.10,000/- from his pocket. So far the demand of Rangdari is concerned, it was only threatened according to the complaint.

In view of the above facts and circumstances of the case and the nature of allegation, I direct the petitioners named above to surrender before the court below within one month from today and on their so surrendering, the petitioners shall 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 learned C.J.M., Muzaffarpur in connection with Bela P.S. Case No.8 of 2014.

(Mungeshwar Sahoo, J) Saurabh/- U T