Kanhai Singh @ Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.126 of 2018 Arising Out of PS.Case No. -692 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Kanhai Singh @ Kanhaiya Singh, Son of Umesh Prasad Singh, resident of Village- Pokharbhinda, P.S. Sahiyara District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No.692 of 2015, G.R.No.3086 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 307, 337, 325, 379, 506, 504, 109 of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that Md. Tahir, Md. Sadab, Md. Altab given extortion and on account of non-payment, the accused persons including the petitioner assaulted the informant. The learned counsel for the petitioner submits that the petitioner did not demand any extortion. Petitioner is alleged to have assaulted the informant with rod on his back but the injury report shows that no injury was found on the back of the

Patna High Court Cr.Misc. No.126 of 2018 (2) dt.15-01-2018 2/2 informant. All the four injuries are simple in nature. On account of rival dispute, the petitioner has falsely been implicated in this case.

It appears that there is no allegation of demand of extortion is made against the petitioner and the petitioner is alleged to have assaulted with rod but no corresponding injury is found. Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with in Sitamarhi P.S. Case No.692 of 2015, G.R.No.3086 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Sanjeev/- U T