Sudhir Kumar Bharti @ Sudhir Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46826 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SUDHIR KUMAR BHARTI @ SUDHIR BHARTI Son of Harbansh Ram Resident of Village - Harnathpur, P.S.- Mohania, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No.80 of 2019 registered under Sections 447, 448, 323, 354, 354(A), 354(B) and 379/34 of the Indian Penal Code.

The accusation is that on 13.02.2019, the informant Kumari Ranjan Lata, was returning to her home with two cheques, one of Rs.47,000/- and another of Rs.60,000/-. In the way, Ranjan Kumar, Mithilesh Kumar, Pushpa Devi, Bechani Devi and Tetari Devi forcibly started to snatch the money and both the cheques from the informant. At that time, Pushpa Devi, Bechani Devi and Tetari Devi caught hold of the informant and

Patna High Court CR. MISC. No.46826 of 2019(2) dt.30-07-2019 2/3 caused assault to her, whereas Ranjan Kumar and Mithilesh Kumar started to snatch the money and cheques from the informant and teasing her. Anyhow, the informant came to her room and started to cook the meal. In the meantime, the petitioner entered into the room of the informant and locked the door from inside and started to cause assault to the informant through fists and feets and tried to kill her by pressing her neck. Thereafter, the petitioner laid down the informant and torn her cloth and caused assault to her. After that, the petitioner fled away after taking the cheques of Rs.47,000/- and Rs.60,000, cash Rs.35000/-, gold ornaments and other documents relating to the case.

Learned counsel for the petitioner submits that, the informant had earlier lodged two cases against the petitioner, as detailed in paragraph-3 to this application, in which the petitioner is on bail, due to that reason the informant has lodged this false case against the petitioner and his family members. Further submission is that the informant is in the habit of lodging the case as she has lodged 20 other cases against several persons, which would appear from paragraph-6 to this application.

Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.46826 of 2019(2) dt.30-07-2019 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Mohania P.S. Case No.80 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T