Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66598 of 2019 Arising Out of PS. Case No.-794 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ashok Kumar, Male aged about 58 Yrs, Son of Late Radhey Lal 2.

Dhiraj Kumar @ Golu aged about 24 Yrs Son of Shri Ashok Kumar Both Resident of Mohalla- Bhadra Ghat, Press Quarter No.-6, P.S.- Alamganj, District- Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Pinki Devi Female aged about 28 Yrs, Wife of Sanjit Sah Resident of Mohalla- Damrahi Ghat, P.S.- Malsalami, District- Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Deepak Kumar, Advocate For the State :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 794 of 2017 registered under Sections 341, 323, 354, 379 and 34 of the Indian Penal Code. The accusation is that four persons named in the complaint petition including the petitioners entered into the house of the complainant Pinki Devi and started abusing her and when Sanjit Sah, the husband of the complainant, rushed there then he was also assaulted with fists and slaps. At that time

Patna High Court CR. MISC. No.66598 of 2019(2) dt.07-11-2019 2/3 Ashok Kumar petitioner no. 1 and other accused persons tried to press the neck of her husband. In the meantime, Manish Kumar rushed to save the complainant and her husband then Ashok Kumar petitioner no. 1 also threw him on the ground. At that time petitioner no. 3 tried to unfold her Saree with bad intention and when the complainant raised alarm, the accused persons threw the household articles here and there and took Rs. 5000/- kept in the suite-case after giving threats to the complainant. Submission is that in fact, Nishu Kumari daughter-inlaw of Ashok Kumar petitioner no. 1 lodged a complaint case bearing Complaint Case No. 801 of 2017 against her husband Manish Kumar, Pinki Devi complainant of the present case and one Sanjeev Sah in the court of the learned Additional Chief Judicial Magistrate, Patna City. Due to that reason, the complainant lodged the present case implicating the whole family members of the petitioners. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.66598 of 2019(2) dt.07-11-2019 3/3 amount each to the satisfaction of Smt. Rashmi Prasad, Sub Judge IV-cum-A.C.J.M. Patna City in connection with Complaint Case No. 794 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Rajendra Kumar Mishra, J) BT/- U T