Mintu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22450 of 2016 Arising Out of PS.Case No. -206 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Mintu Kumar S/o Ram Bali Mahto
2. Ram Bali Mahto S/o Late Bhuil Mahto Both resident of VillageRampur Parori, P.S.- Sitamarhi, Dist- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 307, 380, 427, 452, 395, 504, 506, 34 of the Indian Penal Code.
The prosecution case is that in the night of 17/18.03.2016 the accused persons came to the door of the informant and knocked the door claiming themselves to be the police personnel. The accused persons entered into the house and started robbing the articles and assaulting the informant's family. It is alleged that petitioner No. 2 entered into the room of the daughter-in-law of the informant and took away jewellary and other articles.
It is submitted by learned counsel for the petitioners that petitioners are neighbours of the informant. For the occurrence of 17/18.03.2016 the complaint was filed in
Patna High Court Cr.Misc. No.22450 of 2016 (2) dt.19-05-2016 2/2 22.03.2016 which came to be registered as police case on 04.04.2016 whereas the petitioners' side lodged the case being Sitamarhi P.S. Case No. 162 of 2016 against the informant on 19.03.2016 with accusation under Sections 341, 323, 324, 504/34 of the Indian Penal Code. Moreover the informant has retracted from the initial version and filed a petition to that effect before learned Court below.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the case, the case lodged by the petitioners' side at earlier point of time and the retracted version of the informant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 206 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T