Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11870 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Surendra Prasad (Husband of Shushila Kumari, Incharge Assistant Metron, Nalanda Medical College Hospital, Patna), Son of Late Yadunandan Prasad, resident of Village- Paigamberpur, P.S. Belchi, Distt. Patna (As per F.I.R. Nalanda) at present resident of K 134, Hanuman Nagar, P.S. Kankarbagh, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case no. 47 of 2017, registered under Sections 447, 506 and 353 of the Indian Penal Code.

The allegation of informant Dr. Anand Prasad Singh, who is Superintendent of NMCH is that on 02.02.2017 at about 11.45 AM and on 08.02.2017 at 11.30 AM, the petitioner being the husband of In-Charge Assistant Metron, Nalanda Medical College Hospital, Patna came in his chamber and started giving threatening for dire consequences saying that he is the retired officer of ADM Rank and he has association of miscreants.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.11870 of 2017 (3) dt.25-04-2017 2/2 admittedly the wife of the petitioner is the In-charge Assistant Metron, Nalanda Medical College Hospital, Patna in which the informant is the Superintendent and due to some dispute in between the wife of the petitioner and the informant, the informant has lodged this false case with false allegation against the petitioner. On the other hand, learned A.P.P. submits that in para 6, 7 and 8 of the case diary, the witnesses have only stated about exchanging of hot talk between the wife of the petitioner, who is Incharge Assistant Metron, N.M.C.H, Patna and the informant, where petitioner was only present there.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Patnacity, Patna in connection with Alamganj P.S. Case No. 47 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T