Raj Kishore Sah @ Raj Kishore Pd. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58523 of 2018 Arising Out of PS. Case No.-2333 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Raj Kishore Sah @ Raj Kishore Pd. S/o Ram Lakhan Sah, R/o Vill.- Tilrath, P.S.- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Geeta Devi W/o Kanhaiya Das, R/o Vill.- Hemra Road, P.S.- Nagar, DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Sinha, Advocate For the State :
Mr. Mr. Arif, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 2333C of 2016 dated 03.12.2016 instituted under Sections 420, 406, 386, 354, 323, 504, 341, 120(B)/34 of the Indian Penal Code.
3. The allegation against the petitioner and three others is of intimidating the complainant when she had gone to ask for
Patna High Court Cr.Misc. No.58523 of 2018 dt.18-12-2018 2/3 the money which the brother of the petitioner had taken from her but had refused to return.
4. Learned counsel for the petitioner submitted that he has been implicated only because he is the brother of the person, who is said to have taken the money from the complainant. Learned counsel submitted that the allegation against him is only of having drawn a gun on the complainant when she had come to ask for return of her money from his brother. It was further submitted that the petitioner has no concern with the affairs of his brother or any money taken by him. Learned counsel has also produced copy of the order dated 12.12.2018 of a Coordinate Bench in Cr. Misc. No. 53965 of 2018 by which co-accused Navin Kumar Sah @ Navin Kumar and Sachidanand Sah @ Sachidanad Sah have been granted anticipatory bail.
5. Learned A.P.P. submitted that the petitioner is also responsible and guilty in the matter for the reason that he has intervened with fire arm when the complainant had gone to ask for return of her money. It was further pointed out that the petitioner is also accused in two other complaint cases of similar nature filed by other persons and thus, it is clear that he also is in connivance with his brother in preventing persons, who have given money to his brother from the same being returned to them.
Patna High Court Cr.Misc. No.58523 of 2018 dt.18-12-2018 3/3
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J) Nasimul/- AFR/NAFR CAV DATE Uploading Date 19-12-2018 Transmission Date 19-12-2018