Ajay Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41796 of 2015 Arising Out of PS.Case No. -1387 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Ajay Giri S/o Arjun Giri resident of village - Sharma Amar, P.S. Bhagwanpur, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kusheshwar Giri S/o Late Jamadar Giri resident of village - Sharma Amar, P.S. Bhagwanpur, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case is that the accused persons including the petitioner surrounded the complainant and

Patna High Court Cr.Misc. No.41796 of 2015 (2) dt.09-10-2015 2/3 demanded extortion of Rs.5,000/- per month when the petitioner snatched Rs.9,000/- on the point of country made pistol. It is submitted by learned counsel for the petitioner that one Ram Naresh Giri lodged Complaint Case No. 1549 of 2012 on 18.05.2012 with accusation under Sections 147, 148, 323, 452, 384, 467, 468, 471 and 120B of the IPC in which Raj Kishore Giri, the brother of the present complainant was accused and the father of the petitioner Arjun Giri was one of the victim as a result the father of the petitioner and his own brother Tinku Giri have also been made accused in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation ventilated through complaint when the petitioner side lodged complaint at earlier point of time coupled with the fact that petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Complaint Case No.

Patna High Court Cr.Misc. No.41796 of 2015 (2) dt.09-10-2015 3/3 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T