Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38751 of 2018 Arising Out of PS.Case No. -46 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamlesh Kumar S/o Jagdish Rai, R/o vill.- Sondho Basdeo, P.S.- Goraul, District- Vaishai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 46 of 2017, registered for the offences punishable under Sections 387, 120(B), 504 and 506 of the Indian Penal Code .

Allegation against the petitioner is that he had demanded extortion from the informant.

Submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R. and the mobile on which extortion was demanded has not been recovered from his possession rather from co-accused Rajesh Kumar. Heard learned A.P.P. also and opposed the prayer for bail stating that the detected mobile phone belongs to the

Patna High Court Cr.Misc. No.38751 of 2018 (2) dt.04-07-2018 2/2 petitioner from which call was made.

Having heard both sides and in view of the facts and circumstances, as stated above, 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.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in Pipra P.S. Case No. 46 of 2017, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U