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Patna High CourtCR. MISC./54375/2015disposed

Nikhil Kumar @ Nikhil Kumar Kashyap v. The State Of Bihar

2015-12-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54375 of 2015 Arising Out of PS.Case No. -444 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Nikhil Kumar @ Nikhil Kumar Kashyap, son of Sri Ganesh Shahni @ Ganesh Prasad Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 387of the Indian Penal Code.

The accusation is of demanding extortion through mobile and giving threatening of causing acid burn injury to the daughter of the informant.

It is submitted by learned counsel for the petitioner that even assuming the accusation, at best, the offence under section 385 IPC is made out. Even, the impugned order also does not suggest that it was the petitioner who actually made the call to the informant. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.54375 of 2015 (2) dt.01-12-2015 2/2 The aforesaid facts constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, preferably on the same day, if the petitioner surrenders within a period of six weeks in connection with Laheriasarai P.S. Case No.444 of 2015, pending before the learned CJM, Darbhanga . With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T