Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36665 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Praveen Kumar, S/o Vidya Bhushan Pandey, R/o Vill.- Mundipur, P.O.- Hulesara, P.S.- Bhagwanpur Hatt, District- Siwan. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bhagwanpur Hatt P.S. Case No.74 of 2018, registered for the offence punishable under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code.

Allegation has been made that on 20.03.2018 while the informant was returning from Siwan with his own vehicle the petitioner, who himself is the teacher, came and forcibly boarded on his vehicle and started abusing and assaulting the informant and pressed his neck in order to kill him and also took away the register.

Patna High Court Cr.Misc. No.36665 of 2018(2) dt.29-06-2018 2/3 Learned counsel for the petitioner submits that the occurrence took place on 20.03.2018 and the case has been registered on 28.03.2018 i.e. after a delay of seven days that too without any explanation. It has further been alleged that the father of the petitioner was the headmaster, has filed a case before this Court and in the said case the informant is one of the respondents and in order to put pressure to withdraw the said case, the informant has lodged the present case against the petitioner.

Looking to the entire facts and circumstances of the case and also the fact that there is an unexplained delay of seven days in lodging the case, let the petitioner, namely, Praveen 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 A.C.J.M., II, Siwan, in connection with Bhagwanpur Hatt P.S. Case no.74 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the

Patna High Court Cr.Misc. No.36665 of 2018(2) dt.29-06-2018 3/3 investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T