Man Mohan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26954 of 2017 Arising Out of PS.Case No. -374 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Man Mohan Kumar, Son of Late Shankar Sah, Resident of Village- Anjua, P.S.- Shikarpur, District West Champaran, posted in the Office of the S.S.B. at Raxaul, P.S.- Raxaul, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Ramchandra Prasad Yadav S/o Mahadeo Prasad Yadav, Resident of Village- Inarwa, P.S. Ramgarhwa, District East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Trial No.2569 of 2017, arising out of Complaint Case No.374-C of 2015, registered for the offence punishable under Sections 341, 323, 364-A of the Indian Penal Code.

Allegation has been made that four persons including the present petitioner have intercepted the informant and demanded Rs.9 lakh as ransom. Whereupon, the informant asked his brother to manage the said amount.

Learned counsel for the petitioner submits that the F.I.R. has been lodged against four persons, but in the complaint

Patna High Court Cr.Misc. No.26954 of 2017 (2) dt.13-07-2017 2/2 only the name of the petitioner has been surfaced, which itself speaks that it is a malicious case in order to trap the petitioner in the present case.

Whereas, learned counsel for the informant submits that the petitioner and his other associates were in civil dress, intercepted the informant and demanded money, whereupon all the villagers collected Rs.50,000/- each and handed over the amount to the petitioner. But, no where it has been stated that after the incident, any complaint has been made before the Higher Officials of S.S.B.

Considering the aforesaid facts, let the petitionerMan Mohan Kumar, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Raxual, East Champaran, in connection with Trial No.2569 of 2017, arising out of Complaint Case No.374-C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T