Patna High CourtCR. MISC./25525/2016disposed

Guddu Kumar v. The State Of Bihar

2016-06-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25525 of 2016 Arising Out of PS.Case No. -848 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Guddu Kumar Son of Late Muktinath Prasad resident of village - Gandhi Nagar Ramna Gyan Babu Chauk, P.S. Motihari Town, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 387 of the Indian Penal Code.

Prosecution case is that on 28.11.2004 at about 9.45 PM the petitioner Guddu Kumar alongwith 2-3 persons came and demanded Rs.50,000/- extortion per month to allow the informant to run wine shop, otherwise they would kill him. It is submitted by the learned counsel for the petitioner that false accusation has been levelled and subsequently all the disputes were amicably settled. It is further submitted that even assuming at best the accusation for the offence under section 385 of the Indian Penal Code is made out, which is bailable.

Patna High Court Cr.Misc. No.25525 of 2016 (3) dt.28-06-2016 Statement has been made in paragraph 3 of the application that the petitioner has no criminal antecedent.

In view of above, it is a fit case for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Motihari Town P.S.Case No. 848/2014 (G.R.Case No. 6241 of 2014 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U