Patna High CourtCR. MISC./51346/2015disposed

Ram Swaroop Mahto v. State Of Bihar And ANR

2015-11-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51346 of 2015 Arising Out of PS.Case No. -2099 Year- 2003 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Ram Swaroop Mahto son of Late Bijli Mahto Resident of VillagePanapur, P.S. Minapur, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vinit Kumar Sonof Sachidanand Chaudhary, Resident of Village- Seho, P.S.- Sakra, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under sections 323,504 and 379 of the Indian Penal Code.

The prosecution case is that the accused persons made assault to the informant for helping the opponent of the informant. It is alleged that co accused Raj Kumar Singh took out four hundred rupees from the pocket of the informant whereas co accused Sumit snatched silver chain.

Patna High Court Cr.Misc. No.51346 of 2015 (2) dt.09-11-2015 2/2 It is submitted by the learned counsel for the petitioner that there is no specific accusation against the petitioner. Though the complaint was filed in 2003 but the petitioner was not aware of the same as never any process was served upon him and the petitioner was declared absconder. The petitioner is a government servant.

Considering the fact that the case was filed in 2003, this court is not inclined to interfere in the matter but considering the nature of accusation, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 2099 of 2003 pending in the court of learned JM Ist Class, Muzaffarpur.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T