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Patna High CourtCR. MISC./51795/2017bail granted

Shailendra Rajbhar v. The State Of Bihar

2017-11-03Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.51795 of 2017 (2) dt.03-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51795 of 2017 Arising Out of PS.Case No. -164 Year- 2015 Thana -BHORE District- GOPALGANJ ====================================================== Shailendra Rajbhar, son of Bhim Rjbhar, Resident of Village- Siswania, P.O. Radhaganj, P.S. Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhorey P.S. Case No. 164 of 2015, registered under Sections 363, 363A, 364, 370, 371 and 372/34 of the Indian Penal Code. The accusation is of enticing away the dumb son of the informant by the petitioner and one Gandhi Rajbhar to Yamuna Nagar for proving the Job.

Learned counsel for the petitioner submits that, in fact, son of the petitioner was dumb and unsound mind and left the village without information. But due to dirty village politics the present case has been lodged with false allegation against the petitioner and one Gandhi Rajbhar after eight months of the occurrence. It is further submitted that similarly situated co-

Patna High Court Cr.Misc. No.51795 of 2017 (2) dt.03-11-2017 accused, Gandhi Rajbhar, has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 17.01.2017 passed in Criminal Misc. No. 37443 of 2016. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Gopalganj, in connection with Bhorey P.S. Case No. 164 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T