Abhay Kumar @ Tunni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6078 of 2016 Arising Out of PS.Case No. -303 Year- 2015 Thana -FATUHA District- PATNA ===================================== Abhay Kumar @ Tunni, Son of Suresh Prasad Singh, Resident of Saudagar Kothi, Police Station - Fatuha, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gajanan Mishra, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (Spl. P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Fatuha P.S. Case No.303 of 2015, disclosing offences under Sections 341, 323, 504, 447 and 379/34 of the Indian Penal Code and Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that no offence, under Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is made out against the petitioner on the basis of the contents of the

Patna High Court Cr.Misc. No.6078 of 2016 (2) dt.24-02-2016 2/2 First Information Report. He further submits that the First Information Report has been instituted because the petitioner was making demands for return of the money, which the informant had taken from him by way of friendly loan.

Be that as it may be, considering the nature of accusation and the fact that petitioner has no criminal antecedent, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Ratan, learned Judicial Magistrate, Ist Class, Patna City, Patna, in connection with Fatuah P.S. Case No.303 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T