Rahul Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55117 of 2015 Arising Out of PS.Case No. -321 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================
1. RAHUL KUMAR
2. AJAY KUMAR, BOTH SON OF TALKESHWAR YADAV RESIDENT OF KARMA GUEST HOUSE, BODH GAYA, P.S. BODH GAYA, DISTRICT - GAYA .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sunil Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bodha Gay P.S. Case No. 321 of 2015 registered under Sections 341, 323, 379 and 506 of the Indian Penal Code. The allegation of informant, Anna Roberts, who is semi resident in Bodh Gaya since 2007, is that she had returned to Scotland on 23rd June and her partner Sanjay Kumar, son of Talkeshwari Yadav, is in judicial custody. She left the keys for guest house, project rooms and personal rooms with her teacher Pankaj Sinha between 3rd to 7th September petitioner no. 1, Rahul Kumar and his brother, petitioner no. 2, Ajay Kumar, came and
demanded the all keys from Pankaj, on which, he gave all keys. Thereafter, both petitioners moved in the guest house without permission of the informant and they stated that she would not be allowed into building on her return and there would be violence. She returned on 13th September and went to guest house and took small luggage including hand bag with many personal papers and PASSPORT in it. When she came down to get her suitcase petitioner no. 2, Ajay Kumar, came out of room and struggled with her and through to the building and locked the door and ran away.
Learned counsel for the petitioners submits that, in fact, informant and Sanjay Kumar, brother of the petitioners, had created a trust and due to money dispute between them, this false case has been lodged against the petitioners as the house is belonging to the petitioners and story as narrated in the F.I.R. is false.
Considering the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Gaya, in
connection with Bodh Gaya P.S. Case No. 321 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties, one sureties must be parents/close relative of the petitioners.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T