Mukesh Nut @ Mukesh Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31289 of 2016 Arising Out of PS.Case No. -247 Year- 2015 Thana -JAGDIHSPUR District- BHOJPUR ======================================================
1. Mukesh Nut @ Mukesh Kumar, S/o Sudama Nut
2. Santosh Nut
3. Dhanoj Nut Both sons of Mahendra Nut All resident of Village- Ghagha Bazar, PS- Jagdishpur, District- Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsels for the petitioners and the State. The petitioners being cousin brother and brothers of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A,494,406 and 376/511/34 of the Indian Penal Code. The basic accusation is of torture and performance of second marriage. It is also alleged against the petitioner nos. 1 and 3 Mukesh Nut alias Mukesh Kumar and Dhanoj Nut to have attempted to ravish the informant.
It is submitted by the learned counsel for the petitioners that the accusation of torture is omnibus and general. The petitioners are separate from the husband of the informant. The
Patna High Court Cr.Misc. No.31289 of 2016 (3) dt.22-08-2016 2/2 thrust of accusation is against the husband of the informant. Admittedly, no injury was caused to the informant and the FIR was lodged against the entire inlaws family. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Learned APP, after going through the case diary, submits that only accusation against the petitioner nos. 1 and 3 is that they made attempt to ravish the informant but no injury was caused.
Considering the thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Ara in connection with Jagdishpur P.S. Case No. 247 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T