Manish Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.45263 of 2015 (2) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45263 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Manish Kumar Son of Anandi Singh

2. Gautam Kumar Son of Late Bipin Singh

3. Subhash Chandra Bos @ Lalji Son of Ramchandra Singh All are residents of Village - Khanwan, Police Station - Narhat in the district of Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md. Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2015 Heard both sides.

The petitioners seek bail in a case instituted under Sections 354 (B), 376/511, 337, 427, 341, 323, 380 and 435/34 of the Indian Penal Code.

The prosecutorix named four persons and alleged that all the accused persons took her towards bush. Santosh Kumar tried to commit rape with her but her aunt alarm, on such the accused persons fled away.

It is submitted that no specific allegation is made against the petitioners. The allegation of attempt to commit rape is made against Santosh Kumar and not against the petitioners.

Patna High Court Cr.Misc. No.45263 of 2015 (2) dt.29-09-2015 The petitioners are in jail since 31.07.2015. Considering the facts aforesaid, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Narhat P.S.Case No.64 of 2014. (Prabhat Kumar Jha, J) V.P.Sinha/- U