Rakesh Kumar Pathak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32606 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -DHANSORI District- BUXAR ====================================================== Rakesh Kumar Pathak son of Late Hira Lal Pathak, resident of Village Itardhiya, P.S. Dhansoin, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Bharat Pathak son of Late Suresh Pathak, resident of village Itardhiya, P.S. Dhansoin, District Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner. The petitioner seeks anticipatory bail in connection with Dhansoin P.S. Case No. 100 of 2016 dated 11.7.2016, registered for the offence punishable under Sections 341, 323, 379, 354, 467, 285 and 34 of the Indian Penal Code. The case of the informant is that the accused persons had come to his house armed with various weapons and assaulted the informant and his family members. It is further alleged that the said accused persons were trying to extort money from the informant.
The learned counsel for the petitioner submits that the petitioner is own nephew of the informant, there is land dispute between the parties and he has been falsely implicated by the
Patna High Court Cr.Misc. No.32606 of 2017 (2) dt.13-07-2017 2/2 informant. It is further submitted that a civil suit is going on between the parties. It is also submitted that the petitioner has clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant anticipatory bail to the petitioner.
Accordingly, in the event of their arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar, in connection with Dhansoin P.S. Case No. 100 of 2016 subject to the conditions laid down under Section 438(2) Cr. P. C.
(Mohit Kumar Shah, J) BTiwary/- U T