Naveen Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42968 of 2014 Arising Out of PS.Case No. -142 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Naveen Kumar

2. Perween Kumar Both Son of Rajendra Sah Both Resident of VillageKuniya,P.S. -KUsheshwar Asthan, Distt. Darbhanga,At.Present R/o Mohall -Agachinagar,Ps.Laheriasarai Distt. Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. R.B.S.Pahepuri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 342, 323, 452, 307 and 506/34 of the I.P.C. The petitioners were trying to kidnap Suman Kumari aged 17 years after entering into her house and when the informant arrived there then both the petitioners assaulted the informant with Katta blow upon his head and further the petitioners took away golden chain from the informant and cash of Rs. 2300/- from his pocket.

Submission is of false implication and that there is

Patna High Court Cr.Misc. No.42968 of 2014 (2) dt.16-04-2015 2/2 case and counter case vide Laheriasarai P.S. Case No. 143 of 2014. The petitioners have been falsely implicated. There was land dispute between the parties for which a proceeding under section 144 Cr.P.C. was also initiated. No offence under section 307 I.P.C. is made out as the injuries found on the person of the informant are simple in nature vide Annexure-4 which is also evident from the impugned order itself, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering the nature of injuries simple in nature and further considering that there is case and counter case and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Darbhanga in Laheriasarai P.S. Case No. 142 of 2014/ G.R. No. 1040 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T