Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47417 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Arun Kumar Singh Son of Sita Ram Singh, Resident of Village Doshpur P.S. Sahebganj, District Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Sahebganj P.S. Case No. 89 of 2015 (Tr. No. 4370 of 2015), disclosing offences under Sections 384 and 385 of the Indian Penal Code.

Briefly stated, prosecution case is that the informant received calls on his cell phone from unknown person with his mobile no. 9718358732 on several occasions, demanding a sum of Rs. 6,00,000/- (six lacs) with a threat that if he failed to do so, the consequences will be grave.

Learned counsel for the petitioner submits that there is no allegation that the informant ever made any payment to any

Patna High Court Cr.Misc. No.47417 of 2015 (2) dt.29-10-2015 2/2 person pursuant to the said call. He further submits that though as per the prosecution case, such calls were made on several dates but he did not inform the Police immediately thereafter. He, accordingly, contends that implication of the petitioner is nonsense. Keeping in view the nature of allegation and the fact that the petitioner has no criminal antecedent, this application is allowed.

Let the petitioner, above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Tr. No. 4370 of 2015 arising out of Sahebganj P.S. Case No. 89 of 2015.

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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T