Birendra Kushwaha @ Birendra Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43480 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43480 of 2015 Arising Out of PS.Case No. -411 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Birendra Kushwaha @ Birendra Kumar Singh Son of Late Krishna Kumar Singh Resident of Village - Kanhauli, P.S.- Gogri, Distrit - Khagaria .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== 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 Khagaaria (Chitragupta Nagar) P.S. Case No. 411 of 2015 registered under Sections 341, 342, 323, 307 and 506/34 of the I.P.C.

The allegation of informant Suraj Kumar is that on 19.06. 2015, Sonali, daughter of the petitioner called the informant on telephone at her house for deciding the future education after result of matriculation then he went at her house. At that time, Narendra Tiagi, petitioner, father of Sonali and one unknown person were present in the room where he was assaulted by stick, lathi and piece of stone. The cause of occurrence is due to love affairs between the Sonali and informant since before five years. Learned counsel appearing on behalf of the petitioner submits that in fact, when the petitioner reached at his house on

Patna High Court Cr.Misc. No.43480 of 2015 (2) dt.14-10-2015 19.06.2015 at about 3.00 pm. he saw one person at the door of his house. On making query, one unknown person pointed pistol at him when he made attempt to catch hold him, he snatched the gold chain from the neck and succeeded to flee away and when he entered in the room, he saw one boy took out cash from the Almirha and on raising hulla, he was caught with the help of neighbour, who disclosed the name of Suraj Rajak. Thereafter, to save the skin, petitioner has been made accused in this case with allegation of love affaris with daughter of the informant. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 411 of 2015, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T