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Patna High CourtCR. MISC./16768/2017allowed

Harendra Singh And ORS v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16768 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================

1. Harendra Singh,

2. Shailesh Singh,

3. Samrendra Singh All Sons of Mithilesh Singh, All Resident of VillageKamariya, P.S.- Kurtha, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 354, 379, 448, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they assaulted the informant, his wife and other family members. It is alleged that petitioner no. 1 dragged wife of the informant towards cane field with bad intention.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that allegations are general in nature. Litigation is going on between the parties and several cases have been lodged in this connection.

Patna High Court Cr.Misc. No.16768 of 2017 (2) dt.13-04-2017 2/2 Petitioners have been made accused due to the aforesaid litigation. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case, petitioners are directed to surrender in the court below, i.e., Chief Judicial Magistrate, Arwal, in connection with Kurtha P. S. Case no. 101 of 2016 within a period of two weeks from the date of receipt/production of a copy of this order and thereafter, the court below will enlarge the above named petitioners on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to its satisfaction, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the investigation and make themselves available before the police as and when required. (3) if after investigation any incriminating article is found against the petitioners, prosecution shall be at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sudip/- U T