Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53971 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Pramod Kumar, S/o Damodar Singh, Resident of village- Kanhauli, P.S. Gogari, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogri (Poura) P.S. Case No.93 of 2016 registered under Sections 323, 341, 354, 448, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that the informant being the labourer had done the work for 25 days at the house of the petitioner and when he started to make demand of the wages to get his wife operated, the petitioner started to abuse. Anyhow, the informant got his wife operated after taking the loan from others. On 07.06.2016, when the informant went to the house of the petitioner to make demand of wages, the petitioner again started to abuse to him. At that time, the wife of the informant rushed and made protest, then petitioner and his wife

Patna High Court Cr.Misc. No.53971 of 2016 (2) dt.20-12-2016 2/2 assaulted the wife of the informant. When the informant tried to save his wife then Damodar Singh, Gautam Kumar and Babita Devi, respectively, the son and wife of the petitioner, entered the house of the informant and snatched Rs.2500/- and took away the Box, containing ear ring, silver payal and locket and the clothes of the wife of the informant and his children, from there., Learned counsel appearing on behalf of the petitioner submits that, in fact, the informant had taken the wages in advance for doing the work from the petitioner but he did not agree to do the work and on pressure being put by the petitioner, the informant has lodged this false case. Further submission is that the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Gogri (Poura) P.S. Case No.93 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T