Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14190 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Surendra Prasad, Son of Late Yadunandan Prasad, resident of VillagePaigamberpur, P.S. Belchi, Distt. Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Kumar For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 65 of 2017 registered under Sections 341, 504, 506 and 354 of the Indian Penal Code. Submission is that petitioner, a retired Government employee, has falsely been implicated in this case at the instance of Superintendent of N.M.C.H., Patna. It would appear from the F.I.R. that except threatening, neither assault nor criminal force has been attributed against the petitioner. In fact, there is dispute between wife of the petitioner, co-accused of this case and informant and both are working in the same department. When the protest was made by the petitioner and his wife, they have falsely

Patna High Court Cr.Misc. No.14190 of 2017 (2) dt.09-05-2017 2/2 been dragged in this case only to give undue pressure. Further submission is that on perusal of Annexure nos. P1, P2, P2/A & P3, it appears that earlier petitioner has filed a case bearing C.W.J.C. no. 4461 of 2017 regarding quashing of letters issued by the Superintendent N.M.C.H., Patna in which informant has been made party as respondent and wife of the petitioner Sushila Kumari has also made allegation against the Superintendent of N.M.C.H., Patna regarding his behaviour. It is also submitted that before filing of this case, a Sanha was also registered by the wife of the petitioner against the Superintendent, N.M.C.H., Patna in the concerned Mahila Police Station, as detailed in Annexure-P4 to the application.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 A.C.J.M., Patna City in connection with Alamganj P.S. Case No. 65 of 2017 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T