Govind Kumar @ Govind Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46889 of 2014 Arising Out of PS.Case No. -1171 Year- 2013 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Govind Kumar @ Govind Kumar Mandal S/O Ghuter Mandal Resident of Village Baijalpur, P.S. H. Kharagpur, District Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Kamal Nayan, Advocate.

For the Opposite Party : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 354, 385, 504, 506 and 34 of the Indian Penal Code.

The petitioner and two other accused persons are alleged to have come to the shop of the complainant on 07.12.2013 and demanded extortion of Rs. 50,000/-. The accused persons again came on 10.12.2013 and repeated the same occurrence and again on 13.12.2013, the accused persons are alleged to have come, demanded extortion and the petitioner is alleged to have tried to untie Saree of the complainant. It is submitted that the petitioner is next door neighbour of the complainant. On account of some petty dispute this case has

Patna High Court Cr.Misc. No.46889 of 2014 (4) dt.01-12-2015 2/2 been lodged making false allegation. Other two accused persons have already been granted anticipatory bail by the court below, but the prayer for anticipatory bail of the petitioner is rejected on the ground that there is specific allegation that the petitioner made an attempt to untie Saree of the complainant.

On the other hand, learned counsel for the complainant vehemently opposed the prayer for bail and submitted that the petitioner is in the habit of committing such offence. From perusal of the petition, it appears that in para-3 it is mentioned that the petitioner has got no criminal antecedent. Considering the facts aforesaid and the fact that the other two accused persons have already been enlarged on anticipatory bail, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in Complaint Case No. 1171C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T