Ravindra Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7201 of 2016 Arising Out of PS.Case No. -458 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD =====================================
1. Ravindra Kumar, Son of Bira Ram.
2. Deepak Kumar, Son of Lakhan Ram.
3. Bablu Ram, Son of Ramjee Ram.
All resident of Village: Khiri Dayal, P.S.: Nabinagar, District: Aurangabad.
.... .... Petitioner/s
1. The State of Bihar.
2. Indu Kumari, D/o Ganesh Ram, resident of Village: Khiri Dayal, P.S.: Navinagar, District: Aurangabad. .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Adv. For the Opposite Party/s : Mr. Lalan Kumar (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. A supplementary affidavit has been filed on behalf of the petitioners in Court. Let it be kept on the record.
This application, for grant of anticipatory bail, arises out of Complaint Case No.458 of 2015, disclosing
Patna High Court Cr.Misc. No.7201 of 2016 (2) dt.17-03-2016 2/3 offences under Section 376 of the Indian Penal Code, which has been filed by the complainant, on 22.05.2015, with respect to an occurrence alleged to have taken place on 13.05.2015.
Learned counsel for the petitioners has drawn my attention to Annexure-2 of the present application, which is a First Information Report, registered on the basis of written report of the mother of the complainant with respect to an occurrence, which too had taken place on 13.05.2015, for the offences punishable under Sections 448, 341, 323, 354, 504 and 506/34 of the Indian Penal Code. He submits that the narration of the occurrence in the First Information Report, lodged on 15.05.2015, which contains signature of the complainant of the present case also, is entirely different from the one, which has been narrated in the complaint case.
I find substance in the submission made on behalf of the petitioners. This application is, accordingly, allowed. Let the petitioner Nos.1 to 3, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in
Patna High Court Cr.Misc. No.7201 of 2016 (2) dt.17-03-2016 3/3 connection with Complaint Case No.458 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners, abovenamed, 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.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T