Randhir Kumar Bhagat @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47318 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ====================================================== Randhir Kumar Bhagat @ Suraj Kumar son of Late Jay Narayan Bhagat, resident of village- Gauripur, P.S. Singheshwar, District- Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Singheshwar P.S. Case No. 82 of 2016 for the offences instituted under Sections 365, 364 and 34 of the Indian Penal Code.

The allegation against the accused persons including the petitioner is of kidnapping the husband of the informant in the name of providing treatment of the husband of the informant in order to capture the land.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.47318 of 2016 (3) dt.24-11-2016 2/3 petitioner. A Complaint Case No. 1314 of 2010 was filed against the petitioner, which was converted into F.I.R. under section 156(3) of the Cr.P.C in the year 2016, in which, the petitioner is seeking bail. After the filing of the said complaint case, this very informant/complainant had filed a police case bearing Singheshwar P.S. Case No. 52 of 2011 with a similar allegation and for the same offence. The police had submitted final form in the said case. Thereafter the informant/complainant filed a protest petition in the subsequent case, on the basis of which, cognizance was taken. Later on, vide Annexure-3 to the present application, a compromise was entered between the parties and the petitioner was granted bail in that case. The victim was suffering from a psychiatric problem and due to mistake of fact, the present case was instituted against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Singheshwar P.S. Case No. 82 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.47318 of 2016 (3) dt.24-11-2016 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T