Suresh Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18922 of 2016 Arising Out of PS.Case No. -531 Year- 2011 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Suresh Rajak S/o Kanhai Rajak R/o, Mohalla- Imamganj, Mahila Shilp Kala Bhawan, P.S.- Town, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-399, 402 of the Indian Penal Code and under Sections25(i-B)A/26/35 of the Arms Act. Originally, the informant filed complaint case bearing Complaint Case No. 1187 of 2011 on 07-06-2011 in respect of an occurrence, which had taken place on 05-06-2011. The informant alleged in the complaint petition that co-accused Garib Nath Rajak as well as his wife took his son from his house and since then, his son is missing. So far as petitioner is concerned; it is only stated that when the informant went to house of co-accused Garib Nath Rajak, the petitioner was also present there and gave threatening to

Patna High Court Cr.Misc. No.18922 of 2016 (2) dt.05-05-2016 2/2 the informant.

Submission on behalf of petitioner is that the informant has, intentionally, given wrong name of father of the petitioner and as a matter of fact, petitioner happens to be full brother of the informant. It is also pointed out that moreover, co-accused Garib Nath Rajak and his wife have already been granted privilege of anticipatory bail by a coordinate bench of this court and so far as petitioner is concerned; except suspicion, there is nothing against him.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 531 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur. (Hemant Kumar Srivastava, J) A.K.V./- U