Patna High CourtCR. MISC./49849/2014bail granted

Raj Kumar v. The State Of Bihar

2015-04-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49849 of 2014 Arising Out of PS.Case No. -406 Year- 2014 Thana -KANKARBAGH District- PATNA ======================================================

1. Raj Kumar Son of Sri Munni Gope resident of Staff Quarter, Old Water Tower, Kankarbagh, P.O. Lohiya Nagar, P.S. Kankarbagh, District/Town - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Prasad Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Kankarbagh P.S.Case No. 406/2014 registered for the offences punishable under Sections 498 (A), 506/34 of the Indian Penal Code.

The only allegation against the petitioner is that he told the parent of the informant not to lodge the case otherwise, the condition will be worst.

Submission is of false implication, and F.I.R. has been lodged after much delay, i.e. after one month. The occurrence is of 03.08.2014 whereas the F.I.R. has been lodged on 08.9.2014, all

Patna High Court Cr.Misc. No.49849 of 2014 (2) dt.09-04-2015 2/2 the allegations are against the husband and the petitioner being bhaisur has been implicated with false allegation and the petitioner having no criminal antecedent, deserves sympathetic consideration, to which the learned A.P.P. fairly submits that there is no allegation of torture or assault against the petitioner. In the facts and circumstances state above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Satya Priya Anand, Judicial Magistrate, 1st class, Patna in connection with Kankarbagh P. S. Case No. 406/2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

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