Gaurav Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54808 of 2018 Arising Out of PS. Case No.-317 Year-2018 Thana- SHEKHPURA District- Sheikhpura ======================================================

1. Gaurav Kumar

2. Saurav Kumar Both sons of Ganauri Thakur, resident of VillageMahser, P.S. Sirari, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 504, 506, 307 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with one another was standing near bus stand, the accused persons came and assaulted them.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Except for the offences under Section 307 IPC, rest of the offences are triable by Magistrate. The alleged offence is

Patna High Court Cr.Misc. No.54808 of 2018(2) dt.09-10-2018 2/2 said to have taken place as the petitioner no. 1 got married with one Chanchala Thakur. The same was not liked by the informant and for the said reason, this false case has been instituted. There is general and omnibus allegation levelled against the petitioners. No specific injury has been attributed to the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 317/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T