Chhotan Kewat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28553 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MEHDIGANJ District- PATNA ======================================================

1. Chhotan Kewat Son of Late Girdhari Kewat,

2. Suraj Kewat Son of Chhotan Kewat Resident of Village- Dal Dali Ganj, P.S.- Mehandiganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2017 Heard both sides.

The petitioners seek bail in Mehandiganj P.S. Case No. 02/2017, registered for the offences punishable under Sections 293, 294, 354, 436, 385, 504 and 34 of the Indian Penal Code. The informant named the petitioners and other accused persons and alleged that when she went her house, she found four greeting cards inside the door, in which vulgar words were written. The wall of her house and the gate were also painted with charcoal. Vulgar languages were used against her daughter. Learned counsel for the petitioners submits that the informant is not an eye-witness of the occurrence. There is a series of litigations between both the parties. Similarly situated co-

Patna High Court Cr.Misc. No.28553 of 2017 (2) dt.11-07-2017 2/2 accused, namely, Pankaj Kumar @ Pankaj Kewat and Santosh Kewat @ Santosh Kumar Sahani have already been enlarged on bail. Case of the petitioners stands on the same footing. It is further submitted that F.I.R. was lodged after 11 days of the occurrence.

Learned Additional P.P. opposed the prayer for bail and submitted that one Uma Shankar Prasad filed C.W.J.C. No. 2264 of 2017 against the State of Bihar for cancelling the bail bond of the accused persons. The case of the petitioner was disposed of vide order dated 15.05.2017.

Considering the facts aforesaid and the fact that similarly situated co-accused persons have already been enlarged on bail, the petitioners above named are directed to be enlarged 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 Additional Chief Judicial Magistrate, Patna City in connection with Mehandiganj P.S. Case No. 02/2017. (Prabhat Kumar Jha, J.) Rakhi U T