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Patna High CourtCR. MISC./38058/2023disposed

Ram Vinay Rajak v. The State Of Bihar

2023-08-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38058 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== Ram Vinay Rajak S/O Late Doman Rajak R/O Vill. Pirhi, Ps. Kurtha, Dist. Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kurtha P.S. Case No. 209 of 2022 registered for the offences punishable under Sections 186, 189, 353, 354, 427, 511, 506 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that when she came to her house from District J.J. Board, Jahanabad, the petitioner came and tried to snatch her documents from her, thereafter it is alleged that when her husband came, the petitioner threatened him with his country-made pistol and pushed the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.38058 of 2023(2) dt.01-08-2023 2/2 next submitted that from perusal of the allegations as alleged in the FIR it would manifest that neither any document was snatched nor torn and as far as allegation relating to SC/ST Act is concerned, it is submitted that even presuming what has been alleged is true, without admitting, then the entire occurrence took place at the house of the informant and thus was not in public view nor the FIR even remotely suggest that the occurrence was witnessed by any neighbour of the informant.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kurtha P.S. Case No. 209 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T