Rajesh Pandey @ Rajesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56173 of 2015 Arising Out of PS.Case No. -428 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== RAJESH PANDEY @ RAJESH KUMR PANDEY SON OF LATE BHOLA PANDEY. RESIDENT OF VILLAGE- MILE PAKRI, P.S.- BIDUPUR, DISTRICT- VAISHALI AT HAJPUR (BIHAR). .... .... Petitioner/s

Versus

THE STATE OF BIHAR.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 324, 308, 354, 379, 448 and 504/34 of the Indian Penal Code. The prosecution case is that the petitioner and four unknown persons came to the house of the informant and misbehaved with the mother of the informant when the

Patna High Court Cr.Misc. No.56173 of 2015 (2) dt.10-12-2015 2/3 father of the informant came to rescue they abused on point of pistol when the informant came to rescue then knife injury was caused to the informant. The accused persons also took away rupees four thousand from the box.

It is submitted by learned counsel for the petitioner that one sharp cut injury was found on the person of the informant simple in nature. There is no accusation of repeating the blow and the petitioner filed Complaint Case No. 2242 of 2014 against the informant on 16.07.2014 levelling accusation under Sections341, 323, 452, 379, 427, 504 and 506/34 of the Indian Penal Code and thereafter the present FIR was registered on 26.12.2014 for the occurrence of 20.12.2014. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the delayed lodging of the case, nature of injury and the case lodged by the petitioner at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in

Patna High Court Cr.Misc. No.56173 of 2015 (2) dt.10-12-2015 3/3 connection with Bidupur P.S. Case No. 428 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T