Patna High CourtCR. MISC./25164/2018disposed

Deepak Singh @ Dipak Kumar And ANR v. The State Of Bihar

2018-05-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25164 of 2018 Arising Out of PS.Case No. -20 Year- 2017 Thana -SALIMPUR District- PATNA =====================================

1. Deepak Singh @ Dipak Kumar,

2. Amrish Kumar, Both sons of Ramadhar Singh, Both resident of VillageNarauli, P.S.- Salimpur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Thakur, Adv. For the Opposite Party/s : Mr. Rajballabh Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioners seek bail in anticipation of their arrest in connection with Salimpur P.S. Case No. 20 of 2017, dated 07.02.2017, instituted for the offences punishable under Sections 341, 323, 385, 387, 379, 307 and 34 of the Indian Penal Code.

The petitioners are alleged to have demanded ransom money from the informant. On refusal to pay the aforesaid amount, one of the associates of the informant is alleged to have been assaulted.

Patna High Court Cr.Misc. No.25164 of 2018 (2) dt.03-05-2018 2/2 Learned counsel for the petitioners has, however, submitted that an absolutely false case has been lodged against the petitioners. In fact, the petitioner No. 1 had earlier lodged a case against the informant of the present case vide Salimpur P.S. Case No. 19 of 2017. The informant of the present case is none else but the husband of the local Mukiya with whom the petitioners have some dispute. The petitioner No. 1 is stated to be a B.S.F. personnel, who had visited his home village for performing the last rites of his mother.

Considering the aforesaid facts, the police granted bail to the petitioners under Section 41(1) of the Code of Criminal Procedure, 1973.

Now the charge-sheet in this case has already been submitted. In the event of the petitioners surrendering before the Court below and praying for bail, the Court below shall take into account the fact that the petitioners have not misused the privilege of police bail and shall pass an order accordingly, preferably on the same date.

With the aforesaid observation, the present petition is disposed of.

(Ashutosh Kumar, J) Praveen-II/- U T