Badal Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41415 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -MANER District- PATNA ======================================================
1. Badal Kumar, Son of Sahajir Rai,
2. Sonu Rai Son of Biteshwar Rai, Both R/o village- Brahmchari, Hira Tola, P.S.- Maner, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Suman Kumar Jha, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Manner P.S. Case No. 155 of 2017 registered under Sections 147, 341, 323 and 354 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the instant case has been instituted by the informant only because the mother of the petitioner no.1 namely, Mila Devi had instituted Maner P.S. Case No.156 of 2017 itself under Sections 147, 341, 323, 379, 506 and 504 of the Indian Penal Code against the parents of the informant, her brother and other family members. He has submitted that there is no truth
Patna High Court Cr.Misc. No.41415 of 2017 (2) dt.20-09-2017 behind the allegation of outraging modesty of the informant and apart from Section 354 of the Indian Penal Code, all other Sections are bailable in nature.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. He has submitted that the informant has specifically alleged against the petitioners that they had outraged her modesty on 11th of April, 2017 at 6:30 am.
Considering the submissions made on behalf of the parties and the statement made in paragraph no.3 of the bail application that the petitioners have got no criminal antecedent, in the event of arrest or surrender in the court below within four weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Manner P.S. Case No. 155 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T