Rakesh Kumar Sahu @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56594 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== SANJAY PRASAD SINHA @ DEONARAYAN RAI @ SANJAY PRASAD SON OF LATE MALWAR RAI R/O VILLAGE- BANAULI, P.S.- SIMARI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58454 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== MANOJ KUMAR SAH @ MANOJ KUMAR SAHU @ MANOJ KUMAR S/o MAHESH SAH R/o MOHALLA-BENTA, P.S.- LAHERIASARAI, DISTRICT-DARBHANGA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59675 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== RAKESH KUMAR SAHU @ RAKESH KUMAR Son of Mahesh Sah Resident of Village - Benta, P.S.- Lahariasarai, Distt.- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 56594 of 2021) For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 58454 of 2021) For the Petitioner/s :

Mr. Prem Kumar Jha Mr. Arun Kumar Jha Mr.Rajesh Kumar Jha For the Opposite Party/s :

Mr.Brajendra Nath Pandey (In CRIMINAL MISCELLANEOUS No. 59675 of 2021)

2/4 For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 384, 420 and 120(B)/34 of the Indian Penal Code, registered in connection with Mahila P.S.Case No. 74 of 2021.

The informant of this case is the SHO of Mahila police station. As per allegation, one co-accused Ashish Kumar Singh was arrested in Mahila P.S.Case No. 54 of 2021. The allegations against the petitioners are that they assured to manage the statement of the informant Manvi Singh in that case. Allegedly, the petitioners demanded Rs. 1 lakh. Rs. 20,000/- was paid by Avinash Rai in the account of the petitioner Manoj Kumar Sahu.

The learned counsel for the petitioners has submitted that prior to lodging of the present case, the petitioner Sanjay Prasad Sinha @ Deonarayan Rai had complained against Ashish

3/4 Kumar Singh before the Chief Medical Officer, Darbhanga that on the assurance of Ashish Kumar Singh, the petitioner Deonarayan Rai got her daughter-in-law admitted in one Jeewandeep Hospital and the doctor conducted operation, whereafter when the informant asked the said Ashish Kumar Singh as to why he had suggested such negligent hospital then he threatened that he will complain against him to the authority. The learned counsel has also submitted that it is not Manvi Singh, but the SHO has made allegations against the petitioners. Considering the above facts and circumstances, especially the facts that the informant of the Mahila P.S. Case No.

54 of 2021 did not come forward to lodge the case against the petitioners, rather the SHO of that Mahila Police Station has lodged the case, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of Miss Romi Kumari, J.M. 1st Class, Darbhanga in connection with Mahila P.S.Case No. 74 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by

4/4 the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T