Avinash Kumar @ Avinash Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1126 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Avinash Kumar @ Avinash Kumar Mehta S/o Loknath Prasad @ Lalan Mahto, R/o village- Mohalla-Chhoti Pahari, P.S.- Soh Sarai, Dist.-Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Soh Sarai P.S. Case No. 163 of 2016 for the offences instituted under Sections 341, 323, 354(A), 354(B) and 379 of the Indian Penal Code.

The allegation against the petitioner is that he tried to carry the informant in the room and when she raised alarm, he assaulted her and fled away after snatching her Mangalsutra worth Rs. 15,000/-.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.1126 of 2017 (2) dt.13-01-2017 2/2 falsely been implicated in the present case. The father of the petitioner had given a loan of Rs. 1, 50,000/- to the husband of the informant. A cheque was also issued by the husband of the informant in favour of the father of the petitioner but the said cheque has bounced. In respect to that, a case has also been instituted by the father of the petitioner against informant. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Soh Sarai P.S. Case No. 163 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIth, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T