Patna High CourtCR. MISC./37646/2015bail granted

Chandrashekhar v. State Of Bihar And ANR

2015-09-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37646 of 2015 Arising Out of Complaint Case No. -27472 Year- 2014 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Chandrashekhar, Son of Dr. Basant Singh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mundrika Ram Son of Late Mahabal Ram .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-09-2015 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, 379 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case is that the complainant being an advocate was working on behalf of Kaushal Kishore Singh, who is 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 co-accused Rajesh Kumar Mishra that he

Patna High Court Cr.Misc. No.37646 of 2015 (2) dt.17-09-2015 2/2 caught collar of the complainant when the petitioner took out Rs.5000/- from the pocket of the complainant. It is submitted by learned counsel for the petitioner that the thrust of accusation is against Kaushal Kishore Singh. Subsequently, the complainant filed a petition before the learned court below that under some misconception he named co-accused Rajesh Kumar Mishra, Satish Kumar Sinha and the petitioner. The said affidavit has been brought on record as annexure-2 to the petition. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, 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 Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No.27472 of 2014., subject to the conditions as laid down under Section 438(2) Cr.P.C.