Neeraj Agrawal @ Neeraj Agarwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20187 of 2016 Arising Out of PS.Case No. -492 Year- 2013 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Neeraj Agrawal @ Neeraj Agarwal son of Sri Basant Kumar Agrawal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 of the Indian Penal Code and section 3(1) (ix) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Prosecution case is that on 09.12.2013 at 7.00 PM the informant went to market along with his wife and parked his car in front of Cimage Classes, an educational institution, affiliated to the Magadh University, in the meantime, the guard of Cimage Classes made protest for parking the vehicle. On the counter protest being made by the informant, the petitioner being Director of Cimage Classes came abused and made assault to the informant. The petitioner also abused the informant by calling
Patna High Court Cr.Misc. No.20187 of 2016 (2) dt.09-05-2016 2/3 caste name. It is further alleged that while the informant was proceeding with his car, on the direction of the petitioner, the guard put his leg in front of the car of the informant. It is further alleged that the accused persons also abused the informant and his wife by calling caste name and snatched gold chain from the neck of the wife of the informant.
It is submitted by learned counsel for the petitioner that in fact the informant crushed the leg of the guard through his car leading to registration of Sri Krishna Puri P.S. Case No.491/2013 against the informant. Hence, in order to save his own skin the present FIR was lodged. Subsequently, both the parties have entered into compromise. A joint petition to that effect has been filed before the learned Court below, the same has been brought on record by way of annexure-3.
Considering the genesis of the occurrence and the case lodged by the petitioner's side at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna, in
Patna High Court Cr.Misc. No.20187 of 2016 (2) dt.09-05-2016 3/3 connection with Sri Krishna Puri P.S. Case No.492/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T