Sunil Kumar @ Mithu Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63195 of 2018 Arising Out of PS. Case No.-1186 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sunil Kumar @ Mithu Ram S/o- Sahdeo Ram Resident of Village- Dariya Chhapra, P.S. Motipur, District Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tetri Devi W/o- Late Ishwar Sah Resident of Village- Dariya Chhapra, P.S. Motipur, District Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1186 of 2017 registered under Sections 420, 323, 504/34 of the Indian Penal Code. Petitioner and his wife are said to have approached the complainant and demanded graft of Rs. 10,000/- on the pretext of managing Rs. 20,000/- under beneficial scheme and petitioner and his wife took Rs. 5000/- from the complainant and called her on the Block Office Motipur, but on her arrival there, they neither gave any cheque of the aforesaid amount nor returned her money rather on demand assaulted her by fists

Patna High Court Cr.Misc. No.63195 of 2018(2) dt.17-12-2018 2/2 and slap.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case at the instance of Mukhiya of his village having grudge with his wife, who happens to be Vikas Mitra. There is no receipt of giving money to the petitioner by the complainant and also there is no eye witness of the same.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. West Muzaffarpur in connection with Complaint Case No. 1186 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T