Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52211 of 2015 Arising Out of PS.Case No. -239 Year- 2014 Thana -ALOULI District- KHAGARIA ====================================================== Nandan Kumar Son of Ram Bilash Sah, Resident of Village- Shumbhagaji Ghat, Police Station- Alauli, District- Khagaria. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners is apprehending his arrest in connection with Alauli P.S. Case No. 239 of 2014 instituted for the offences punishable under Sections 341, 354(B), 353, 504 and 506/34 of the Indian Panel Code.
As per prosecution case, the petitioners and coaccused persons came at the school of the informant Amriti Kumari, misbehaved with her, abused her with filthy language, took filthy photograph of the informant and threatened to publish the same. The teachers and head master could not prevent the act of the accused persons.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The Petitioner is a student of graduation. He has falsely been implicated in the
Patna High Court Cr.Misc. No.52211 of 2015 (3) dt.10-02-2016 2/2 present case for the reason, that he had made a petition before the District Magistrate making an allegation of misappropriation of public money by the informant. From perusal of the Annexure-3, it is evident that the teachers of the school had also made similar allegation against the informant. The co-accused has also been granted regular bail vide B.A. No. 1274 of 2014 dated 19.12.2014.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R and has misbehaved with the informant in the school premises.
Considering the aforesaid facts and circumstances, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.
Anyhow, if the petitioner surrenders in the court below within a period of six weeks, the same shall be considered and disposed of taking into account that the other co-accused has been granted regular bail by the court below itself preferably on the same day without being prejudiced by this order. (Sudhir Singh, J) ajaypd./- U T