Rakesh Kumar @ Rakesh Kr. Sinha @ Rakesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54778 of 2019 Arising Out of PS. Case No.-669 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Rakesh Kumar @ Rakesh Kr. Sinha @ Rakesh Kumar Sinha, Son of Late Yogendra Mandal Resident of Village-Jageshwarpur, P.S.-Shivnarayanpur, District-Bhagalpur.

2.

Vipin Kumar @ Vipin Kumar Mandal, Son of Late Yogendra Mandal Resident of Village-Jageshwarpur, P.S.-Shivnarayanpur, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 669 of 2018, registered under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the morning of 10.10.2018, Rakesh Kumar (petitioner no.1) came at the house of informant, Gyatri Devi and started to abuse. When she made protest then she was assaulted through fist and slaps, in which, she fell down. Thereafter, both petitioners started to outrage her modesty. On protest, both petitioners assaulted her through lathi

Patna High Court CR. MISC. No.54778 of 2019(2) dt.02-09-2019 2/2 and Danda causing injury at her head and petitioners also threatened her for dire consequences.

Learned counsel for the petitioners submits that petitioners are next door neighbour of the informant and on throwing garbage by the informant, hot talk was exchanged in between the petitioners and informant but with ulterior motive, the present case has been lodged with false allegation. Moreover, in medical examination, no any injury was found on the person of the informant and the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 669 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T