Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34673 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -KURTHA District- ARWAL ====================================================== Raushan Kumar Son of Prabind Singh Resident of Village-Rananagar P.SKurtha District-Arwal .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
09-09-2016 Heard Sri Mritunjay Prasad Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who claims to be own nephew of informant apprehending his arrest in Kurtha P.S. Case No. 19 of 2016 registered for offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.
It was submitted by learned counsel for the petitioner that in a trivial dispute, colour of serious offence has been given. It has also been argued that in the F.I.R. itself, the informant has said that wife of the petitioner at the time of occurrence had given a rifle to the petitioner, but there is specific submission that rifle was not used in the occurrence. He submits that had there been any intention to kill, the petitioner would have used the rifle. So far as
Patna High Court Cr.Misc. No.34673 of 2016 (2) dt.09-09-2016 2/2 allegation of removing golden chain is concerned, it is only exaggeration.
In view of facts and circumstances and the fact that petitioner and informant are close relative, as has been stated in paragraph - 9 of the petition, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Raushan Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 19 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T