Rajesh Prasad @ Rajesh Prasad Gupta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13223 of 2018 Arising Out of PS.Case No. -543 Year- 2013 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Rajesh Prasad @ Rajesh Prasad Gupta, S/o Late Bishnu Prasad,

2. Rohit Gupta @ Rohit Kumar Ranjan S/o Rajesh Prasad @ Rajesh Prasad Gupta, Both are R/o Mohalla Sabji Mandi Durga Mandir , P.S.- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Muzaffarpur Town P.S.Case nO.543 of 2013, registered for offences punishable under Sections 384, 506 and 504 of the Indian Penal Code.

Allegation against the petitioners is of demand of Rs.50,000/- from the informant otherwise he has to lost her daughter.

Submission of the learned counsel for the petitioners is that earlier to lodging of this case on 9.9.2013, the daughter of the petitioner no.1 had lodged a case in Mahila Police Station against the son of the informant for having physical relationship with her on false assurance of marriage. It has further been submitted that

Patna High Court Cr.Misc. No.13223 of 2018 (2) dt.05-04-2018 2/2 the petitioner had no knowledge about the case as it had been lodged at Muzaffapur and the petitioner is resident of Patna and in the month of November, 2017 when the police visited his place, he came to know about the same.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Muzaffarpur Town P.S.Case no.543 of 2013, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T