Patna High CourtCR. MISC./55384/2015bail granted

Pankaj Kumar And ANR. v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55384 of 2015 Arising Out of PS.Case No. -178 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Pankaj Kumar Son of Jogendra Sharma resident of village - Ramanand Bigha, Police Station - Belaganj, District - Gaya

2. Kunal Kumar @ Kunal Kishor Son of Jogendra Singh @ Tanik Singh resident of village - Ore, Police Station - Belaganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. A.K. Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 354, 380, 457, 279/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is of trespassing in the house of the informant, taking away jewellery on the point of pistol and outraging the modesty of the female inmates. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and the case has been filed as a retaliatory measure since petitioner no. 1

Patna High Court Cr.Misc. No.55384 of 2015 (2) dt.14-12-2015 2/2 has lodged Belaganj P.S. Case No. 176 of 2015 on 12.09.2015 at 1.30 P.M. levelling accusation under Sections 323, 324 and 379/34 of the Indian Penal Code whereas the present FIR was registered on 17.09.2015 for the occurrence of 12.09.2015. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the delayed lodging of the case and the case lodged by the petitioners' side at earlier point of time, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 178 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T