Jharkhand High Court
Manish Kumar Singh vs The State Of Jharkhand And Anr on 8 January, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6642 of 2017
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Manish Kumar Singh ............ Petitioner(s).
Versus
1. State of Jharkhand
2. Ashok Kumar Singh .. ... Opp. Party(s).
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. Mukesh Kumar, Advocate
For the State : A.P.P.
For Opp. Party No. 2 : Mr. Someshwar Roy, Advocate.
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04/08.01.2018: Heard the learned counsel appearing for the petitioner, learned A.P.P and the learned counsel appearing for Opp. Party No. 2.
The learned A.P.P and learned counsel appearing for the Opp. Party No. 2 oppose the prayer for anticipatory bail.
The petitioner is an accused for allegedly committing offence under Sections 323, 342, 376 and 506 of the Indian Penal Code.
The present case is arising out of complaint case. After examination of the inquiry witness under Section 202 Cr.P.C., cognizance has been taken under Section 323, 342, 379 and 506 of the Indian Penal Code. The complaint was also lodged under Section 386 IPC but the court did not take cognizance under Section 386 IPC.
The allegation against the petitioner is that he was demanding extortion money and when the same was not given, he came and snatched Rs.5000/- from the pocket of the complainant.
Since the cognizance has not been taken under Section 386 IPC against the petitioner, I am inclined to allow this application. Accordingly, the petitioner, namely, Manish Kumar Singh, is directed to surrender in the court below within three weeks from today and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bokaro, in connection with Complaint Case No. 255/2016, subject to the conditions as enumerated under Section 438(2) of the Code of Criminal Procedure.
(ANANDA SEN, J.) Anu/ C.P.-3