Deepak Kumar @ Dipak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67974 of 2023 Arising Out of PS. Case No.-527 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== DEEPAK KUMAR @ DIPAK KUMAR S/O MANOJ SINGH @ MANOJ KUMAR SINGH R/O VILLAGE- BALUA, P.S- ARA, MUFASSIL, DISTT.- BHOJPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Mr. Deepak Kumar Mr. Shivam Kumar For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 379, 506 and 34 of the Indian Penal Code.
3. Allegedly, the informant along with her mother-in-law went to the clinic of Dr. Amrendra Kumar, where the petitioner motivated her to get medicines from a medical hall situated near the clinic. It is further alleged that the petitioner followed her, threatened her and took away her ornaments, costing about Rs.1,20,000/-
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.67974 of 2023(2) dt.03-11-2023 2/3 that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the occurrence took place on 10.07.2023 and the FIR has been lodged on 23.07.2023 i.e. after a delay of more than 13 days. He further submits that the petitioner is the compounder of Dr. Amrendra Kumar and there is no specific overt act against him. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ara Nawada P.S. Case No.527 of 2023,
Patna High Court CR. MISC. No.67974 of 2023(2) dt.03-11-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T