Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10857 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.
CHANDAN KUMAR Son of Ramjanam Rai Resident of Village - Chhitara, P.s.- Siwaipatty, Distt.- Muzaffarpur.
2.
Ramjanam Rai Son of Late Ramdeo Rai Resident of Village - Chhitara, P.s.- Siwaipatty, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Siwaipatty P.S. Case no. 86 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 379, 504, 354, 506/34 of the Indian Penal Code.
As per allegation in the FIR, several accused persons came to the house of the informant and asked her to return Rs. Twenty thousand alongwith the interest of principal amount of Rs. One thousand, which she had taken fifteen years ago. On protest, made by the informant, accused persons started to
Patna High Court CR. MISC. No.10857 of 2022(2) dt.29-08-2022 2/3 assault her and it is alleged that petitioner no. 2 had tried to outrage her modesty by disrobing her and petitioner no. 1 took away her mangalsutra.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is no allegation of assault against the petitioners rather general and omnibus allegations have been levelled against them. Injuries received by the informant are not attributed to the petitioners and are simple in nature. They have got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Siwaipatty P.S. Case no. 86 of 2021, they will be enlarged 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 learned Judicial Magistrate, 1st Class, East Muzaffarpur subject to the conditions as laid
Patna High Court CR. MISC. No.10857 of 2022(2) dt.29-08-2022 3/3 down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U