Gauri Shankar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51336 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- TEKARI District- Gaya ====================================================== Gauri Shankar Pathak, Son of Ram Vinay Pathak Resident of Village - Dariyapur, P.S.- Tekari (Mau O.P.) Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Tekari (Mau O.P.) P.S. Case No.168 of 2019 for the offence punishable under Sections 147, 148, 149, 341, 342, 379, 427, 436 and 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with other co-accused persons entered into the house of the informant with an intention to commit dacoity and in the process of dacoity, one golden chain from the neck of the mother of the informant was taken away by Gauri Shanker Pathak, i.e., the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the petitioner is

Patna High Court CR. MISC. No.51336 of 2019(2) dt.17-08-2019 2/2 co-villagers of the informant. Learned counsel further submits that there is dispute pending between one Gauri Shankar Pathak, i.e., the petitioner and the informant in which the informant asked the petitioner to become witness which the petitioner refused as such he has falsely been implicated in the present case with false allegation. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the informant and petitioner are co-villagers and the petitioner has got clean antecedent, as such, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Gaya, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T