Raj Kumar Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35308 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -MEDANICHOWK District- LAKHISARAI ======================================================

1. Raj Kumar Das Son of Late Sarjug Das

2. Sonu Kumar Das Son of Raj Kumar Das Both are residents of Village - Ram Nagar, P.S. Naya Ram Nagar, District - Munger. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kumari Sudha Sinha, Advocate. For the Opposite Party : Mr. Rajendra Pd.Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 323, 379, 420, 406 and 504/34 of the I.P.C. Allegedly, co-accused Shailendra Kumar took Rs. 1,30,000/- from the informant for providing job in the railway department and further at the time of verification of certificate coaccused Shailendra Kumar demanded Rs. 20,000/- which was not paid resulting in physical examination the informant would not appear as his admit card was in possession of that Shailendra Kumar and when the amount was demanded the petitioners also

Patna High Court Cr.Misc. No.35308 of 2015 (2) dt.27-08-2015 2/3 abused and assaulted the informant and petitioner Sonu Kumar took away Rs. 5,000/- from the pocket of the informant. Inspite of Panchayati co-accused Shailendra Kumar did not return the said amount.

Submission is of false implication and that the petitioners have got no concern with taking of money by Shailendra Kumar from the informant. The informant has sent legal notice to Shailendra Kumar wherein there is no allegation against these two petitioners but the petitioners have also been implicated only with a view to put pressure. The allegation of taking away Rs. 5,000/- from the pocket of the informant is super addition and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes. Considering that there is no allegation against the petitioners that they had taken the amount for providing job, petitioner no.1 is father of co-accused Shailendra Kumar and petitioner no.

2 is his brother and further in the legal notice there is no allegation against these petitioners and as such the petitioners in case of their arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of.

Patna High Court Cr.Misc. No.35308 of 2015 (2) dt.27-08-2015 3/3 Raghu Bansh Narain J.M. 1st Class, Lakhisarai in Medani Chowki P.S. Case No. 14 of 2015, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T