Raj Kamla Kumar @ Raj Kamal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80735 of 2018 Arising Out of PS. Case No.-173 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Raj Kamla Kumar @ Raj Kamal Kumar, Son of Ramanand Ray, Resident of Village - Bus Stand Chowk, Sunder Saray, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Karn, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Motipur P.S. Case No.173 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 379, 447, 427 of the Indian Penal Code.

Allegation has been made that the accused persons including the petitioner having armed with lathi, danda, spade, dab etc. entered into the house of the informant and dragged his wife and with an intent to kill the informant, inflicted spade blow on the informant, which hit on the head of the wife of the informant.

Patna High Court Cr.Misc. No.80735 of 2018(3) dt.18-02-2019 2/2 Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. There is a case and counter case between the parties for the same occurrence. Looking to the entire facts and circumstances of the case, 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, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Motipur P.S. Case no.

173 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T