Raju Kumar Shrivastava @ Raju Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13222 of 2017 Arising Out of PS.Case No. -856 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Raju Kumar Shrivastava @ Raju Shrivastava, son of Shambhu Prasad Shrivastava, resident of Krishnapuri (Satyadev Puri), P.S.- Sitamarhi, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 856 of 2015 instituted for the offences punishable under Sections 353, 354 of the Indian Penal Code and 131(A) of the R.P. Act.

The informant on the date of assembly election, while on patrolling duty noticed three persons misbehaving a lady constable. The police party apprehended one of them who disclosed the name of this petitioner.

The learned counsel for the petitioner submits that the petitioner is a businessman and his name was purposely disclosed by apprehended accused with ill motive. He was noticed by Police and in pursuance of the notice, the petitioner

Patna High Court Cr.Misc. No.13222 of 2017 (2) dt.18-03-2017 2/2 appeared before the investigating officer. The petitioner was given benefit of Section 41(1) Cr.P.C. Police have submitted charge-sheet. After cognizance, the petitioner has been summoned.

The learned APP, on the other hand, opposed the submission.

Considering the nature of allegation and the fact that he appeared before the investigating agency and cooperated in investigation. His name was disclosed by other co-accused. In the aforesaid facts and circumstances, prayer is allowed and the petitioner, above named, in the event of arrest / surrender within four weeks from today, be admitted 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 856 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) ajaypd./- U T