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Patna High CourtCR. MISC./26729/2017bail granted

Akhilesh Kumar And ANR v. The State Of Bihar

2017-06-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26729 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -PUNPUN District- PATNA ======================================================

1. Akhilesh Kumar, son of Sri Varam Dev Singh,

2. Raja Kumar @ Rakesh Roshan Kumar, son of Sri Rajeshwar Singh, Both Resident of Village-Jat Dumri, P.S.-Punpun, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-06-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Punpun P.S. Case No.140 of 2017 instituted for the offence under Section(s) 376, 511, 506/34 Indian Penal Code. It has been submitted on behalf of the petitioners that the instant case is counter blast of Punpun P.S. Case No.140 of 2017 lodged by Kavita Kumari against the brother of the informant and other. It has been mentioned in para 3 that the petitioners have no criminal antecedents.

From the allegation in the instant case, it appears that there is general and omnibus allegation that the petitioners attempted to outrage the modesty of the informant.

Patna High Court Cr.Misc. No.26729 of 2017 (2) dt.29-06-2017 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Punpun P.S. Case No.140 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Masaurhi, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T