Patna High CourtCR. MISC./31664/2017rejected

Bikram Kumar And ANR v. The State Of Bihar

2017-07-13Mr. Justice Rajeev Ranjan Prasad2 pages

Patna High Court Cr.Misc. No.31664 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31664 of 2017 Arising Out of PS.Case No. -243 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Bikram Kumar, son of Bal Krishna Sah

2. Binay Kumar Sah @ Binay Kumar @ Bijay Kumar Sah, son of Bal Krishna Sah Resident of Mohalla - Mofar Ganj, Argara Chouk, P.S. - Katihar Town, District- Katihar.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in relation to Katihar Town P.S. Case No. 243 of 2017 registered under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code, pending before learned Chief Judicial Magistrate, Katihar.

Learned counsel for the petitioners submit that although these petitioners are named in the First Information Report and some allegations are there against them, however, there is another version of the story which is subject matter of the F.I.R. lodged by mother of petitioner no. 1 giving rise to Sadar P.S. Case No.

Patna High Court Cr.Misc. No.31664 of 2017 (2) dt.13-07-2017 242/2017 under Sections 342, 323, 448 and 307/34 I.P.C. Learned counsel further submits that both the petitioners are students and the parties are close Gotias. Having considered the facts and circumstances of the case in view of the allegations attributed to the petitioners, I am not inclined to grant Anticipatory Bail to the petitioners.

Accordingly, prayer for Anticipatory Bail is rejected.

However, petitioners, if so advised, may surrender before the court below and prays for regular bail, the same shall be considered by the learned Magistrate taking into consideration the entire materials available on the record as well as the fact that the parties are own Gotias and the petitioners are said to be student, which needs to be verified.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T