Rakesh Kumar @ Mykal v. The State Of Bihar

Patna High Court Cr.Misc. No.33837 of 2016 (3) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33837 of 2016 Arising Out of PS.Case No. -1159 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Rakesh Kumar @ Mykal Son of late Chhhakauri Matho Resident of Mohalla- Lakri Dhahi Chandwara, P.S. Muzaffarpur town, District Muzaffarpur, Bihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party : Mr. Sri Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2016 Heard both sides.

The petitioner apprehends his arrest in Ahiyapur P.S.Case No.1159 of 2015 under Sections 387, 385 and other Sections of the IPC.

The informant alleged that on 28.12.2015, he received a call from mobile no.8434319534 on his mobile bearing no.8284608362. Golu Kumar and Rakesh Kumar @ Mical abused him and asked him to give Rs.20,00000/- within three days.

Learned counsel for the petitioner submits that the petitioner is innocent. Informant is in the habit of filing the false case and he earlier also filed a case bearing Muzaffarpur Town

Patna High Court Cr.Misc. No.33837 of 2016 (3) dt.27-09-2016 P.S.Case No.36 of 2015 under Sections 363 and 366A of the IPC for kidnapping of his daughter Muskan Kumari and for demand of extortion of Rs.20,00000/- against Golu Kumar but the police after investigation found the case false. Muskan Kumari herself appeared and disclosed that she went along with Golu Kumar but her father filed a false case against Golu Kumar about her kidnapping and demand of extortion of Rs.20,00000/-. Thereafter the informant Pankaj Kumar Sharma filed this case against Golu and this petitioner and only because petitioner happens to be friend of Golu Kumar.

Considering the aforesaid facts, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in Ahiyapur P.S.Case No.1159 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) B.Kr./- U T