Rakesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43536 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43536 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -SC/ST P.S. District- MUZAFFARPUR ====================================================== RAKESH SINGH, SON OF SHAYAMCHANDRA SINGH, RESIDENT OF MOHALLA- GANIPUR, P.S KAZIMAHMADPUR ,DISTRICT MUZAFFARPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Ambika Bhagat (Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muzaffarpur SC/ST P.S. Case No. 57 of 2015 registered under Sections 341, 323, 504, 506 and 354 of the Indian Penal Code and Section 3(1)Ix)(xi) SC/ST Prevention of Atrocity Act. The accusation is that informant/complainant, Jai Prakash Kumar and the petitioner are the tenants in the house of Radhey Shyam Sharma, who asked the petitioner to vacate the house on pretext of fixing of marriage of his daughter, on which, petitioner started to abuse him. When the informant made protest then petitioner abused the informant denoting his caste name. Learned counsel for the petitioner submits that petitioner and the informant are the tenants in the house of Radhe

Patna High Court Cr.Misc. No.43536 of 2015 (2) dt.14-10-2015 Shayam Sharma and landlord through the informant wants the petitioner to vacate the house giving threatening, regarding which, petitioner has already given an application before the S.D.M. (East), Muzaffarpur, under the Rent Control Act, against the Radhe Shayam Sharma for issuing the rent receipt and electricity bill due to that reason this false case has been lodged against the petitioner.

Considering the aforesaid submissions, 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 Assistant Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur ST/SC P.S. Case No. 57 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

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