Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64364 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Bikash Kumar, Son of Piyush Kant Choudhary, Resident of VillageBariyarpur, Police Station-Warisnagar, District-Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 148 of 2018, registered under Sections 447, 448, 323, 332, 427, 353, 504, 341 and 506/34 of the Indian Penal Code.

The accusation is that, on 18.06.2018, informant, Dr. Arun Kumar, was in OPD duty then petitioner along with one other reached there and made complaint that why the work is not being given to her mother as A.N.M., on which, he replied that she has already retired and if more information is required then contract to In-charge, Medical Officer. Thereafter, petitioner caught his collar and caused assault to him through fist and slaps and other person also tried to cause injury through iron rod. In the meantime, petitioner and his associate torn the register of the hospital.

Patna High Court Cr.Misc. No.64364 of 2018(3) dt.05-02-2019 2/2 Learned counsel for the petitioner submits that, in fact, due to ill behaviour by the petitioner with his sister, Kumari Mamta, who is A.N.M. in that hospital, petitioner made complaint, but with ulterior motive the present case has been lodged with false allegation. Moreover, the dispute has already been settled in between the petitioner and the informant and the compromise petitioner has also been filed by the informant on 18.12.2018 in the court of Chief Judicial Magistrate, Samastipur, which would appear from Annexure 4 to the supplementary affidavit.

Having regard to the facts and circumstances of the case, 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 Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. Case No. 148 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T