Abhishekh Kumar @ Abhishek Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20615 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -SIKTA District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Abhishekh Kumar @ Abhishek Kumar, Son of Anand Sah,

2. Saheb Kumar, Dinesh Sah,

3. Bittu Kumar, Son of Surya Sah, All are Resident of Village- Laxmipur, P.S.- Sikta, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-06-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Sikta P. S. Case No. 10 of 2017 instituted under Sections 354(A) (B), 379, 506, and 509/34 of the Indian Penal Code. The allegation, in brief, is that from mobile number mentioned in the FIR, a call was made in the voice of a lady to the informant asking him to come at 3:00 A.M. Early in the morning, when she came out of the house then three petitioners tried to outrage her modesty. When she raised alarm, they threatened her to kill and not to lodge any FIR. It is alleged that Abhishek Kumar snatched her Mangalsutra from the neck.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.20615 of 2017 (2) dt.12-06-2017 2/2 petitioners are neighbours of the informant and the informant had borrowed money from the petitioner no. 1 and he was demanding, therefore, this false case was lodged. The petitioners have no concern with the said mobile number and this FIR was lodged on 23.01.2017, but it appears that the same was sent to the court on 17.02.2017 after such an inordinate delay and these petitioners have no criminal antecedent.

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Abhishekh Kumar @ Abhishek Kumar, Saheb Kumar and Bittu Kumar, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettioah, West Champaran in connection with Sikta P.S.Case No. 10 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U