Sarvesh Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31500 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. Sarvesh Pandey
2. Sarvoday Pandey @ Chhote Pandey @ Chhotu Pandey, Both sons of Hridya Nand Pandey, resident of village Madar, P.S. - Bijaipur, District - Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay For the Opposite Party/s : Mr. Aditya Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.
The petitioners, two in number, apprehend their arrest in a case under Sections 354(C), 379 and other sections of the Indian Penal Code and Section 27 of the Arms Act. The complainant alleged in the complaint petition that the petitioners were committing theft in the house of the informant but she woke up and, thereafter, the petitioners are alleged to have assaulted and also molested the informant. It is submitted that the occurrence took place on 24.06.2014 but the complaint petition was filed on 26.07.2014, on the basis of which, the present F.I.R. was lodged on 01.09.2014. The petitioners happen to be the neighbours of the informant. Civil dispute as well as proceedings under Sections 107 and 144 of the Code of
Patna High Court Cr.Misc. No.31500 of 2015 (2) dt.31-07-2015 2/2 Criminal Procedure are going on.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 Sri Ashish Mishra, Judicial Magistrate, 1st Class, Gopalganj in Bijaipur P.S. Case No. 136/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T