Ambika Thakur And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64653 of 2018 Arising Out of PS. Case No.-508 Year-2018 Thana- COMPLAINT CASE District- Jamui ======================================================

1. Ambika Thakur, Son of Jobraj Thakur,

2. Ranjan Thakur, Son of Bhola Thakur, Both are residents of Village- Badildih, Police Station- Khaira, District- Jamui. ... ... Petitioners

Versus

1. The State of Bihar.

2. Yogendra Thakur, Son of Kashi Thakur, Resident of Village- Badildih, Police Station- Khaira, District- Jamui.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 508 C of 2018 registered for the offences punishable under Sections 323, 354-B, 380, 451/34 of the Indian Penal Code.

Petitioners and other accused having entered into the house of the complainant assaulted him and petitioners made attempt to outrage the modesty of complainant's wife but when the S.A. of complainant was recorded, the complainant nowhere stated that petitioners made attempt to outrage the modesty of his wife. Moreover, the wife of the complainant was not

Patna High Court Cr.Misc. No.64653 of 2018(2) dt.14-12-2018 2/2 examined in course of enquiry.

Learned counsel appearing for the petitioners points out that prior to filing of the present complaint case, petitioner no. 1 filed Complaint Case No. 444 C of 2018 against the complainant of this case and in retaliation to the aforesaid complaint case, the complainant has brought the present complaint case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, 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 Sri M.K. Pandey, learned Judicial Magistrate 1st Class, Jamui in Complaint Case No. 508 C of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T