Ashok Kumar Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.33333 of 2016 (2) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33333 of 2016 Arising Out of PS.Case No. -336 Year- 2015 Thana -JAKKANPUR District- PATNA ======================================================

1. Ashok Kumar Singh, S/o Lal Babu Singh.

2. Kundan Kumar, S/o Ashok Kumar Singh, Both are resident of Lalita Nikunja Apartmant, Flat No. 304, Mithapur Area, Bangali Road, P.S.- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Jakkanpur P.S. Case No. 336 of 2015 registered under Sections 341, 323, 504, 379 and 427/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Patna. The accusation is that on demand of petitioner no. 1 the informant gave cash of Rs.3,43,000/- through account payee cheque before two years. On 06.10.2015, informant reached at the ground floor of Apartment of petitioner and on demand of money, petitioner no. 1 along with his son, petitioner no. 2, started to abuse and made assault to the informant. In the meantime,

Patna High Court Cr.Misc. No.33333 of 2016 (2) dt.24-08-2016 petitioner no. 2 caused iron rod blow at the head of the informant and petitioner no. 1 snatched watch, gold chain and cash of Rs.35,000/- from the informant. Informant anyhow fled away to save his life on his motorcycle.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to ulterior motive.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, his prayer for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the Court below within four weeks and prayer for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T