Pramod Kurmi @ Pramod Raut Kurmi @ Pramod Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.50711 of 2014 (2) dt.21-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50711 of 2014 Arising Out of PS.Case No. -266 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================
1. Pramod Kurmi @ Pramod Raut Kurmi @ Pramod Kumar Son of Doman Kurmi
2. Dharmendra Kurmi @ Dharmendra Kumar Son of Doman Kurmi @ Naresh Raut
3. Doman Kurmi @ Naresh Raut Son of Late Gopal Raut All resident of village - Blara, P.S. Cherki, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Fatehpur P.S. Case No. 266 of 2014 registered for the offences punishable under Sections 486, 420, 302/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that the present case has been lodged against them making far-fetched allegations and that the said complaint petition is an after thought and has been instituted on the motivation of some villagers, who have instigated the complainant to lodge the case after a lapse of 8 months from the death of son of the complainant. It is further submitted that so far as the petitioners are concerned,
Patna High Court Cr.Misc. No.50711 of 2014 (2) dt.21-05-2015 they were not responsible for making any payment to the complainant's son inasmuch as the complainant's son had gone to Haryana to work and had not worked under them. It is further submitted that a bare perusal of the complaint indicate that the occurrence is between the year 2007-08 whereas the present complaint has been filed on 18.09.2009 after lapse of more than 8 months.
Considering the aforesaid submissions and the vague allegations made in the complaint petition and also the fact that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 266 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
(Anjana Mishra, J) Jagdish/- U T