Patna High CourtCR. MISC./47769/2017bail granted

Raj Kumar @ Raj Kumar Yadav v. State Of Bihar And ANR

2017-11-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47769 of 2017 Arising Out of PS.Case No. -1544 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Raj Kumar @ Raj Kumar Yadav, Son of Kishori Marad, Resident of Village- Gopalpur, P.S.- Warisalganj, District- Nawada .... Petitioner

Versus

1. The State of Bihar.

2. Sri Rajendra Marad, S/o Late Akhilanand Singh, Resident of VillageByapur, P.S.- Maner, District- Patna .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sheo Kumar Prasad, Adv. For the Opposite Parties : Mr. Abhay Kumar - 1, APP 186 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1544(C) of 2015 registered under Sections 323, 420, 384 and other sections of the Indian Penal Code.

The complainant alleged that the petitioner took Rs.75,000/- from the complainant for providing labourers for his brick kiln, but, the petitioner did not supply labourers and when the complainant demanded money, the petitioner is alleged to have assaulted the complainant.

The learned counsel for the petitioner submits that the complainant is the owner of the brick kiln. From the complaint petition, itself, it appears that the occurrence took place on 23.07.2013, 30.08.2015 and 13.12.2015, but, the complaint petition was filed on 14.12.2015. The complainant has made false and frivolous allegation only to extract money from the petitioner. Considering the facts and nature of allegation, made against the petitioner, the petitioner, in the event of his arrest or

Patna High Court Cr.Misc. No.47769 of 2017 (3) dt.13-11-2017 2/2 surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1544(C) of 2015 to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √