Shiv Kumar Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.56939 of 2017 (2) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56939 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -EKCHARI District- BHAGALPUR ====================================================== Shiv Kumar Rajak, son of Ram Sewak Rajak, resident of Village- Rani Diyara, Police Station- Ekchari, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ekchari P.S. Case No. 33 of 2017, registered under Sections 341, 323, 504 and 506/34 of the Indian Penal Code and later on Sections 324 and 307 of the Indian Penal Code has been added. The accusation is that in the evening of 22.06.2017, when the informant reached at the grocery shop of father of petitioner, petitioner accompanied the informant in the maize field and made request to put his mobile number in his mobile set in black list. While the informant was engaged for black listing the mobile number of the mobile of petitioner, at that time one known caused injury at his head through butt of the pistol. At that time, this petitioner also caused injury to him. Later on, when informant

Patna High Court Cr.Misc. No.56939 of 2017 (2) dt.08-12-2017 was going to the police station then in the way, Pappu Rajak, Pawan Rajak, wife of Ramshevak and this petitioner assaulted him.

Learned counsel for the petitioner submits that family members of the informant had taken the grocery materials to the shop of the father of informant but on several request the money was not paid due to that reason hot talk was exchanged. Thereafter, with ulterior motive the present case has been lodged with false allegation. Moreover, the injuriy, as found on the person of the informant, is simple in nature.

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 Chief Judicial Magistrate, Bhagalpur, in connection with Ekchari P.S. Case No. 33 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T