Ashok Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86530 of 2019 Arising Out of PS. Case No.-118 Year-2012 Thana- DINARA District- Rohtas ====================================================== Ashok Pandey S/o Umashankar Pandey R/o village- Gaura Tola, P.S.- Dinara, District- Rohtas at Sasaram ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

M/s.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dinara P.S. Case No. 118 of 2012 registered for the offences punishable under Sections 387, 504, 506, 353/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with one Birendra Singh demanded rupees five lacs in ransom from the engineer and contractor who were engaged in executing some government work.

Learned counsel appearing for the petitioner submits that as a matter of fact, the concerned engineer and contractor were using substandard materials in construction work which

Patna High Court CR. MISC. No.86530 of 2019(2) dt.13-02-2020 2/3 was opposed by the villagers and petitioner and prior to institution of the present case, petitioner and several other villagers made complaint before the executive engineer against the junior engineer as well as contractor but subsequently, the executive engineer lodged the present case. He further submits that after institution of the present case, police summoned the petitioner for enquiry and petitioner went to the police station. He further submits that after proper enquiry police was satisfied with the defence of the petitioner as a result whereof police released the petitioner under Section 41 A of the Cr.P.C.

but subsequently, the police submitted charge sheet against the petitioner and others and thereafter, the concerned court having taken cognizance issued summons against the petitioner which has caused apprehension of arrest to the petitioner.

Patna High Court CR. MISC. No.86530 of 2019(2) dt.13-02-2020 3/3 Bikramganj, Rohtas at Sasaram in Dinara P.S. Case No. 118 of 2012, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T