Rakesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32281 of 2015 Arising Out of PS.Case No. -2811 Year- 2009 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Rakesh Kumar S/o Sri Bisheshwar Paswan Resident of Mohalla Dargah, Ward No. 25, Gopalganj, At P.O. and P.S. Gopalganj, District Gopalganj (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramesh Chaudhary S/o Bunilal Chaudhary Resident of Village Koeni, P.S. Majhaghat, District Gopalganj (Bihar).

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

For the Petitioner/s : Mr. Dr. Chandra Shekhar Azad For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a complaint case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is an ordinary school teacher and has falsely been implicated at the instance of one Kalimullah because the father of the present petitioner had earlier filed a complaint case bearing complaint case No. 1281 of 2009. It is submitted that the allegation that the petitioner was given rupees fifty thousand is also false and fictitious and the same has not been supported by any document. Having perused the entire complaint petition, the allegation

Patna High Court Cr.Misc. No.32281 of 2015 (2) dt.14-08-2015 P2/2 appears to be vague and indistinct.

Considering abovementioned fact and also the fact that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Complaint Case No. 2811 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T