Ajay Prasad @ Ajay Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13594 of 2019 Arising Out of PS. Case No.-9 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

AJAY PRASAD @ AJAY KUMAR aged about 45 years, male, S/o Gopi Prasad 2.

Raj Kumar @ Aditya Raj, aged about 20 years, male, Son of Ajay Prasad @ Ajay Kumar Both are resident of village-Ladu Ram Gola, Golderpatti Ward no.2, P.S.- Bettiah Town, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2019 Heard both sides.

The petitioners apprehend their arrest in Bettiah Town P.S. Case No.9 of 2018 registered under Sections 147, 447, 323, 324, 354(B), 385, 504, 506 of the Indian Penal Code. The informant named nine persons including the petitioners who are father and son and made allegation against Dinanath Prasad, Ankit Kumar, Ankur Kumar that they assaulted the informant and her family members and snatched her ornaments. Golu Kumar and Nishu Kumar are also alleged to have misbehaved the informant at the point of pistol and snatched different articles.

The learned counsel for the petitioners submits that petitioners are of course named in the F.I.R. but the informant

Patna High Court CR. MISC. No.13594 of 2019(2) dt.06-03-2019 2/2 did not make any allegation against the petitioners. Prior to institution of this case, Dinanath Prasad filed Bettiah Town P.S. Case No.8 of 2018. Dinanath Prasad is the neighbor of the informant. Informant and her family members suspect that Dinanath Prasad and his family members are instrumental in breaking the negotiation of her marriage.

Having considered the facts that the informant of course named the petitioners at serial Nos.8 and 9 in her fardbeyan but she did not make any sorts of allegation against the petitioners either of assault or of snatching any articles from her belongings, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.9 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Saurabh/- (Prabhat Kumar Jha, J) U T