Rajesh Kumar @ Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43798 of 2014 Arising Out of PS.Case No. -147 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Rajesh Kumar @ Kanchan Kumar Son of Murari Rai Resident of Village-Ranisarai Mahmudpur, P.S.-Bakhtiyarpur, Distt.-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 147/2014 registered for the offences punishable under Sections 341, 323, 354 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner and the girl are own first cousin and since there was some dispute between the two families, the petitioner has been maliciously named in this false case. It is further submitted that prior to this case, Complaint Case No. 448(C)/2014 was also filed in the Court of Additional Chief Judicial Magistrate, Barh by the mother of the petitioner under Sections 323, 324, 457, 380, 307 and 27 of the

Patna High Court Cr.Misc. No.43798 of 2014 (2) dt.16-04-2015 P2/2 Arms Act which is pending till date. He further submits that the present case is nothing but a counter blast of the case filed by the petitioner and his mother against the said Pramila Devi. Further the allegation as made out in the present case has been levelled against the petitioner only by way of vendetta. Considering the aforementioned submissions that there are direct blood relationship between the parties and also the fact that the petitioner has no criminal antecedent, let the petitioner Rajesh Kumar, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 147/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T