Kameshwar Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34521 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================
1. Kameshwar Bind S/o Ramjee Bind
2. Pintu Bind S/o Ramjee Bind
3. Baleshwar Bind S/o Ramjee Bind All are residents of village- Ibrahimpur, Kothari, P.S.- Telhara, District- Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-09-2016 Heard Sri Deepak Kumar, learned counsel for the petitioners and Smt. Asha Kumari, learned Addl. Public Prosecutor.
Three petitioners, apprehending their arrest in Telhara P.S. Case No.33/2016 registered for the offence under Sections 341, 323, 504, 379, 354(B) and 34 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest. It was submitted by learned counsel for the petitioners that the alleged occurrence had taken place in between female members of two families, however exaggerated allegations have been made in the F.I.R. He submits that wife of petitioner no.
Patna High Court Cr.Misc. No.34521 of 2016 (2) dt.05-09-2016 2/2 1, who has been made accused in the present F.I.R., has been granted anticipatory bail by the same order, whereby petitioners prayer for anticipatory bail was rejected.
The learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. However, after going through the F.I.R and materials on record, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail to the petitioners. Let three petitioners, namely, (i) Kameshwar Bind (ii) Pintu Bind and ( iii) Baleshwar Bind, in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa , District-Nalanda in connection with Telhara P.S. Case No.33/2016., subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T