Paramit Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.745 of 2019 Arising Out of PS. Case No.-185 Year-2018 Thana- KOPA District- Saran ======================================================
1. Paramit Kumar Singh and Ors Yogendra Singh Resident of Village- Ram Nagar, P.S.- Kopa, District -Saranat Chapra
2. Amit Kumar Singh Yogendra Singh Resident of Village- Ram Nagar, P.S.- Kopa, District - Saran at Chapra
3. Sumit Kumar singh Yogendra Singh Resident of Village- Ram Nagar, P.S.- Kopa, District - Saran at Chapra
4. Putul Kumar Singh Yogendra Singh Resident of Village- Ram Nagar, P.S.- Kopa, District - Saran at Chapra
5. Yogendra Singh Late Baldeo Singh Resident of Village- Ram Nagar, P.S.- Kopa, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kopa P.S. Case N0. 185 of 2018, disclosing offences under Sections 341,323,504,506,379,452, 354B/34 of the Indian Penal Code.
Petitioner Nos. 1 to 4 are sons of petitioner No.5. It is alleged that petitioner No.1 had entered into the house of the Informant and had attempted to outrage her modesty. She also alleged that petitioner no.1 had taken away her mobile phone and when she asked for return of the mobile phone, the other
Patna High Court Cr.Misc. No.745 of 2019(2) dt.25-01-2019 2/3 accused persons assaulted her.
Considering the nature of allegation against petitioner Nos. 2 to 5, I am of the view that case for anticipatory bail is made out. This application is allowed to the extent it relates to petitioner Nos. 2 to 5.
Let the petitioner Nos. 2 to 5 above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned ACJM-V, Saran at Chapra, in Kopa P.S. Case No. 185 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner Nos. 2 to 5 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. Considering the conduct of petitioner No.1 abovenamed, in my view, no case for anticipatory bail is made out. His application is, therefore, rejected.
However, the petitioner No.1 is directed to surrender
Patna High Court Cr.Misc. No.745 of 2019(2) dt.25-01-2019 3/3 before the Court below within four weeks from today and seeks regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.
(Chakradhari Sharan Singh, J) arun/- U