Rakesh Kumar @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58111 of 2015 Arising Out of PS.Case No. -450 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Rakesh Kumar @ Pappu Son of Vimlendra Singh @ Rajendra Singh resident of Village-Kora, P.S Janipur, District Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and the learned A. P.P. for the State.
The petitioner apprehends his arrest in connection with Phulwarisharif (Janipur) P.S. Case No. 450 of 2015 registered for offences punishable under Sections 341, 323, 325, 379 and 504 of the Indian Penal Code.
The prosecution case, in brief, is that on 29.06.2015 at 2:30 P.M., the informant was going to his house from village Korra and when he reached near Primary School situated in village Korra, Rakesh Kumar @ Pappu, the petitioner, surrounded him and started abusing. On protest, the informant was assaulted by iron rod by the petitioner due to which he received injury in the finger of right hand. He was also assaulted on his head by other
Patna High Court Cr.Misc. No.58111 of 2015 (2) dt.07-01-2016 2/3 accused persons. The petitioner had also taken away Rs. 5,000/- from the pocket of the informant. In the meantime, one Vinay Kumar came, who saw Rakesh Kumar @ Pappu fleeing away. Thereafter, the informant was taken to hospital. It has been submitted by the counsel for the petitioner that petitioner is innocent and there is no criminal antecedent prior to lodging of the present First Information Report. However, it has been submitted that after institution of the present First Information Report, another First Information Report has been instituted by the son of the informant on 23.08.2015, bearing Phulwarisharif (Janipur) P.S. Case No.
595 of 2015 for the offences under Sections 384, 385 and 504 of the Indian Penal Code in which he has been granted bail by the learned Court below itself. It has further been submitted by the learned counsel for the petitioner that the petitioner is a close relative of the informant, as informant is the brother-in-law of his own brother and due to land dispute regarding ancestral property, false case has been instituted against the petitioner.
Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of
Patna High Court Cr.Misc. No.58111 of 2015 (2) dt.07-01-2016 3/3 like amount each to the satisfaction of Miss Shema Eram, learned Judicial Magistrate 1st Class, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 450 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T