Rajesh Kumar Singh @ Rajesh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81233 of 2019 Arising Out of PS. Case No.-554 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ganesh Prasad, aged about 35 years, Male, Son of Sachchidanand Singh, resident of Village - Selash, P.S.- Kochas, District - Rohtas (Sasaram) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ramesh Kumar Patel, aged about 29 years, Male, son of Shree Lal Bahadur Singh, resident of Village - Bharakhara, P.O. - Pakari, P.S.- Dhansoi, District - Buxar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81888 of 2019 Arising Out of PS. Case No.-554 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.
Rajesh Kumar Singh @ Rajesh Singh, aged about 35 years, Male, son of Gurudayal Singh, resident of Village- Maoodihara, P.S.- Karagahar, District- Rohtas 2.
Umesh Kumar Singh, aged about 55 years, Male, son of Late Ram Kakran Singh, Resident of Village- Rupi, Police Station- Dinara, District- Rohtas, Sasaram ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ramesh Kumar Patel, aged about 29 years, Male, son of Shree Lal Bahadur Singh, resident of Village- Bharakhara, P.O.- Pakari, P.S.- Dhansoi, DistrictBuxar. ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 81233 of 2019) For the Petitioner/s :
Mr. Saroj Kumar, Advocate For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP (In Criminal Miscellaneous No. 81888 of 2019) For the Petitioner/s :
Mr. Saroj Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Patna High Court CR. MISC. No.81233 of 2019(5) dt.22-10-2021 2/3 22-10-2021 Heard learned counsel for the petitioners, learned counsel for the Complainant as well as learned counsel appearing for State via virtual mode.
Since both the petitions for anticipatory bail arise out of same complaint case, they are heard and being disposed of together.
The petitioners of both the aforesaid two petitions apprehend their arrest in connection with Complaint Case No.554 of 2019 registered for the offence punishable under sections 420, 406, 379, 323, 504 and 120B of the Indian Penal Code.
Prosecution case, in brief, is that the complainant has been deceived of his share by the accused persons of Rs. 4,70,000/- which was earned by the harvester of the complainant and when the said amount was demanded by the complainant, he was thrashed by the accused persons and was also threatened to be killed. It is further alleged that on 05.06.2019, the complainant filed a written report before ASP, Sasaram but no action has been taken. It is also alleged that on 12.06.2019, when the complainant along with witnesses and an employee of National Insurance Co. had gone to the premises where the harvester was parked, for insurance of the harvester,
Patna High Court CR. MISC. No.81233 of 2019(5) dt.22-10-2021 3/3 the complainant was again assaulted by the accused persons by fists and slaps.
Learned counsel for the petitioners submits that as per the settlement-agreement both the parties are interested to solemnize the matter and ready to withdraw all the matters with the permission of concern court and also ready for not claim any right against one another in future.
In the facts and circumstances, in the event of their arrest or surrender within six weeks from today before the court below, the petitioners of both the petitions are, hereby, directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Mrs. Vijaya Shanti, Judicial Magistrate, IInd Class, Sasaram, Rohtas/the court concerned, in connection with Complaint Case No.554 of 2019, Trial No.244 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajesh Kumar Verma, J) Brajesh Kumar/- U T