Rajiv Kumar Singh @ Rajeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44592 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Rajiv Kumar Singh @ Rajeev Kumar Singh Son Of Satrughan Prasad Singh Village- Agrail Khurd, P.S.- Baligaon, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 159 of 2024, registered on 07.03.2024 for the alleged offences under Section 306 and 34 of the Indian Penal Code.

03. As per prosecution case, the parents of the informant committed suicide as they had taken loan from different finance companies and the recovery agents of those companies had been threatening them with dire consequences. The informant identified the petitioner as one of those persons who was pressurizing and threatening the parents of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.44592 of 2024(2) dt.24-07-2024 2/3 The petitioner does not work for any of the finance companies named in the F.I.R. rather the petitioner and the informant are neighbours and the petitioner has given loan of Rs.20,000/- to the wife of the informant but taking advantage of the death of his parent the informant falsely implicated the petitioner in order to grab the money due to the petitioner. The occurrence took place on 04.03.2024 but the informant took his time in naming the petitioner. If the parents of the informant were being threatened, abused and assaulted, no complaint was made to the police and this is very surprising. Learned counsel further submits that no offences under Section 306 of the Indian Penal Code is made out against the petitioner as he has no concern with any of the finance companies or the banks. The allegations are completely false and concocted and the petitioner has no criminal antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of allegation against the petitioner without any substantive material and further considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail

Patna High Court CR. MISC. No.44592 of 2024(2) dt.24-07-2024 3/3 bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned A.C.J.M.-XV, Muzaffarpur in connection with Sakra P.S. Case No. 159 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T