Ganesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10637 of 2018 Arising Out of P.S.Case No. -5 Year- 2018 Thana -MALSALAMI District- PATNA ======================================================
1. Ganesh Kumar, aged about 24 years, S/o Shankar Choudhary,
2. Pintu Kumar @ Pintu Chaudhary aged about 46 years, S/o Om Prakash Chaudhary.
3. Golu Kumar @ Anand Kumar age about 19 Years, Son of Arun Chaudhary.
4. Tantan Chaudhary @ Pradeep Chaudhary, aged 38 years, S/o Jay Prakash Chaudhary @ Chhotan Chaudhary.
5. Tuntun Chaudhary @ Sanjeet Chaudhary aged 27 years, Son of Jay Prakash Chaudhary @ Chhotan Chaudhary, all are of Mohalla Simli Chak Noori Gali, P.S. Malsalami, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ram Krishna Prasad Yadav, Advocate For the Opposite Party : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard.
The petitioners apprehend arrest in connection with Malsalami P.S.Case No.05 of 2018 registered for an offence under Section 379 and other allied Sections of the IPC. It has been submitted that the petitioners and informant are resident of same place and on the date of occurrence, the informant and her family members forcibly started opening the drainage in front of the house of the petitioners and on protest, the family members of the informant brutally assaulted the informant and her family members. The injured persons were moved to NMCH and after treatment they were discharged after five days. The petitioner no.2 has filed a complaint case no.16 of 2018
Patna High Court Cr.Misc. No.10637 of 2018 (2) dt.27-02-2018 2/2 against the brother and other family members of the informant. The petitioners have clean antecedent.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-IV, Patna City in connection with Malsalami P.S.Case No.5 of 2018 (G.R.No.41 of 2018) , subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T