Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6693 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Niraj Kumar Son of Gorelal Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 387 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Prosecution case is that 7-8 miscreants came to the block office and abused the informant by calling caste name and demanded extortion of rupees two lakhs.
It is submitted by learned counsel for the petitioner that for the occurrence of 01.08.2015, the FIR was registered on the same day but it reached to the court of learned Magistrate on 04.08.2015, which clouds the bona fide of the accusation. Accusation is omnibus and general. Moreover, the informant has
Patna High Court Cr.Misc. No.6693 of 2016 (2) dt.15-02-2016 2/2 retracted from initial version and has filed a petition to that effect before the learned court below.
Considering the retracted version of the informant, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Sikandra P.S. Case No.98/2015, pending before the learned Judicial Magistrate, 1st Class, Jamui.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T