Patna High CourtCR. MISC./44892/2017bail granted

Birendra Kumar Tiwary And ANR v. The State Of Bihar

2017-09-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44892 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Birendra Kumar Tiwary, Son of Late Ram Subhag Tiwary,

2. Roushan Kumar @ Roushan Tiwary @ Roushan Kumar Tiwary, Son of Birendra Kumar Tiwary, Both resident of Village- Bharopur, P.S.- Aurangabad (Muffasil) District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/354A/379/504/34 of the Indian Penal Code. The petitioners, who are neighbours of the informant, allegedly committed assault and theft as well as attempt to outrage the modesty of the informant.

Submission is that there is case and counter case. The petitioners have stated on oath that they have got no criminal antecedent.

Considering the aforesaid facts, let the

Patna High Court Cr.Misc. No.44892 of 2017 (2) dt.20-09-2017 P2/ petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/successor Court in connection with Aurangabad (Muffasil) Police Station Case No. 135 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T