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Patna High CourtCR. MISC./55499/2017bail granted

Saroj Kumar Thakur @ Saroj Thakur v. The State Of Bihar

2017-12-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55499 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -BHAPTIYAHI District- SUPAUL ======================================================

1. Saroj Kumar Thakur @ Saroj Thakur S/o Late Shobhakant Thakur Resident of Village - Shahpur, Prithavipatti, P.S. Bhaptiyahi, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioner apprehends his arrest in Bhaptiyahi P.S. case No. 54 of 2017 for the offences punishable under Section 379, 386 and other minor Sections of the Indian Penal Code. The informant filed complaint case No. 432C/2017 on the basis of which the present FIR was registered. The informant alleged that on 13.05.2017 Birendra Poddar and others had assaulted Laxman Poddar, cousin of the complainant. His son took him to police station and got him treated. It is alleged that for the same occurrence the petitioner called his son on 18.05.2017. The petitioner assaulted the son of informant and also demanded extortion of Rs. 75,000/- to meet the expenses of litigation.

Patna High Court Cr.Misc. No.55499 of 2017 (2) dt.12-12-2017 2/2 The learned counsel for the petitioner submits that petitioner is Sarpanch of Shahpur Prithavipatti Panchayat. The petitioner has got enmity with the complainant. The occurrence is said to have taken place on 18.05.2017 but the complaint was filed on 04.06.2017. There is inordinate delay in lodging the complaint. Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S. case No. 54 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T