Rajeev Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.44251 of 2015 (4) dt.04-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44251 of 2015 Arising Out of PS.Case No. -163 Year- 2015 Thana -ATHMALGOLA District- PATNA ====================================================== Rajeev Kumar son of Ram Naresh Singh, resident of village- Milkichak, P.S. Athmalgola, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Arun Kumar For the Opposite Party : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner, counsel for the informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Athmalgola P.S. Case No. 163 of 2015 for the offences instituted under Sections 341, 354(A), 323, 379 and 506/34 of the Indian Penal Code.
As per prosecution case that the informant's daughter was returning to home after ease then in the way the petitioner misbehave with his daughter. On halla the informant and his wife went and made a protest then the father of the petitioner and other persons started to assault them and also snatched golden chain amount to Rs.45,000/- and even threatened by using abusive language.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. Prior to
Patna High Court Cr.Misc. No.44251 of 2015 (4) dt.04-02-2016 the institution of the present case vide Annexure-2 , the father of the informant had instituted a case in which the informant was sent to jail. The present case is in retaliation to Annexure-2. Though in the FIR, it has been stated that the petitioner is an accused for an offence under Section 302 of the IPC. Vide order dated 22.12.2015, the Court had directed the counsel for the informant to bring on record the FIR registered under Section 302 of the IPC in which the petitioner is an accused but the counsel for the informant has failed to do so.
On behalf of the State and counsel for the informant, it has been submitted that the petitioner is named in the FIR and has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Athmalgola P.S. Case No. 163 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T