Himkar Kumar Singh @ Himkar Kumar @ Himkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54192 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Himkar Kumar Singh @ Himkar Kumar @ Himkar, Son of Sri Awadhesh Singh, Resident of Village- Sripur Nawada, P.O.- Pakridayal, P.S.- Pakridayal, District- East Champaran (Bihar). .... .... 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 ---------- 15-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pakridayal P.S. Case No.132 of 2016/ G.R. No.4770 of 2016/ Trial No.2225 of 2017 registered under Sections 447, 354, 354(A), 379, 337 504 and 506/34 of the Indian Penal Code.

The accusation is that on 18.09.2016 at 02.00 P.M., when the informant was sitting alongwith her granddaughter at her house, at that time, this petitioner alongwith 5 unknown reached there and started to tease the granddaughter of the informant. On alarm being raised by the informant and her granddaughter, the petitioner fled away from there snatching the gold chain of the informant and started pelting bricks on

Patna High Court Cr.Misc. No.54192 of 2017 (2) dt.15-11-2017 2/2 them. Thereafter, the mother and sister of the petitioner also started pelting bricks.

Learned counsel for the petitioner submits that the granddaughter of the informant is niece of the petitioner in relation and due to family dispute, this case has been lodged. Further submission is that while, on investigation, the police submitted final form but the court of the Additional Chief Judicial Magistrate-V, East Champaran at Motihari, differing with the final form submitted by the police took the cognizance of the offence against the petitioner, his parents and sister. 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 Additional Chief Judicial Magistrate-V, Motihari, East Champaran, in connection with Pakridayal P.S. Case No.132 of 2016/Trial No.2225 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T