Abhishek Kumar Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49073 of 2017 Arising Out of PS.Case No. -346 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Abhishek Kumar Ram S/o Birendra Ram, R/o Village- Kurusa, P.S.- Dinara (Bhanas), District- Rohtas .... Petitioner

Versus

1. The State of Bihar.

2. Wakil Ram S/o Late Maksudan Ram, R/o Village- Kurusa, P.O.- Doyiyan, P.S.- Dinara (Bhanas O.P.), District- Rohtas .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar, Adv. For the Opposite Parties : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 346 of 2015 under Sections 341, 323, 504 and 384of the Indian Penal Code.

The complainant alleged that his wife is working as Agan Bari Sahayika of Center no. 59. The petitioner always used to tease her and petitioner demanded extortion. On the date of occurrence, the petitioner came and demanded Rs.4,000/- as extortion and on refusal the accused persons came and assaulted. The learned counsel for the petitioner submits that the occurrence took place on 08.06.2015, but, complaint petition was filed on 10.06.2015. No information was given to the police. It is submitted that no such occurrence, as alleged by the complainant, has ever taken place. The petitioner and complainant are co-villagers. There is land dispute between the two sides. Panchayat was also held in presence of Sarpanch, but, the complainant did not obey the decision of the Panchayat and

Patna High Court Cr.Misc. No.49073 of 2017 (2) dt.18-10-2017 2/2 lodged this case to settle score.

Considering the facts, aforesaid, and the nature of allegation made against the petitioner and the petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 346 of 2015 to the satisfaction of Sri Rajiv Kumar, Judicial Magistrate, 1st Class, Bikramganj, Rohtas at Sararam, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √