Ashok Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23202 of 2019 Arising Out of PS. Case No.-531 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== 1.

Ashok Agrawal Son of Late Balchandra Agrawal 2.

Banti Agrawal @ Praveen Agrawal Son of Late Balchandra Agrawal Both are residents of Thakurbari, Road, Kishanganj, P.S.-Kishangaj Distt.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chintu Kamati S/o Late Thakko Kamti R/o Dinajpur Road, M.G.M. Medical College Kishanganj, P.S. and Distt.- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agarwal, Senior Advocate Mr. Amresh Kumar Sinha, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Complaint Case No. C 531 of 2018, registered for the offence punishable under Sections 323, 384, 364, 354(B) and 511 of the Indian Penal Code. From the complaint petition, it appears that the complainant has made allegation that he was employee of the petitioners since 01.06.1990, but after the death of father of the petitioners, the petitioners have terminated his service and did not make payment of his due salary and also refused to execute

Patna High Court CR. MISC. No.23202 of 2019(2) dt.11-04-2019 2/3 1/2 katha of land for which Rs. 1,65,000/- has already been given, for that the complainant filed a criminal case as Kishanganj PS Case No. 450 of 2018 under Sections 406, 420, 341, 323, 354 and 34 of the Indian Penal Code, in which petitioners obtained bail and, thereafter, on 26.07.2018 both the petitioners came to his house in white car along with driver and one unknown person and they started abusing and putting pressure to withdraw the case and asked to put his signature on a blank paper and they also assaulted him by fists and slaps and also pushed the wife of the complainant, thereafter, they fled away.

Learned counsel for the petitioners submits that it is a concocted story in the sense that the complainant has filed a case vide Kishanganj P.S. Case No. 450 of 2018 and when bail was granted to the petitioners, on the same day again, this story has been developed and the present complaint case has been filed.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.23202 of 2019(2) dt.11-04-2019 3/3 Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. C 531 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T