Patna High CourtCR. MISC./14341/2018bail granted

Upendra Mistri And ORS v. The State Of Bihar

2018-04-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14341 of 2018 Arising Out of PS.Case No. -448 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Upendra Mistri, S/o Late Puna Mistri

2. Ganesh Mistri S/o Upendra Mistri,

3. Shiv Shankar Kumar @ Shiv Shankar Mistri @ Sutun S/o Upendra Mistry

4. Nirmala Devi, wife of Upendra Mistri, All Village- Dasrathpur, P.S.- Giriyak, District- Nalanda.

5. Santosh Mistri @ Santosh Mistra S/o Bal Govind Mistri, R/o VillageBhadauni, P.S.- Nawada, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Giriyak P.S. Case No. 448 of 2017 registered for the offences punishable under Section 364/34 of the Indian Penal Code. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she has not made any allegation against the petitioners except petitioner no. 3 against whom she made allegation that petitioner no. 3 had given threatening to her. The learned Magistrate, who recorded the

Patna High Court Cr.Misc. No.14341 of 2018 (2) dt.06-04-2018 2/2 statement of victim, assessed her age as 16 years. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in Giriyak P.S. Case No. 448 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T