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Patna High CourtCR. MISC./26614/2018bail granted

Ramayan Shukla And ORS v. The State Of Bihar

2018-05-03Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26614 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- NAUTAN District- West Champaran ======================================================

1. Ramayan Shukla, Son of Nathuni Shukla.

2. Binay Shukla @ Brajesh Kumar, Son of Ramayan Shukla.

3. Indu Devi Wife of Ramayan Shukla.

4. Riju Kumari @ Bimi Kumari, Daughter of Ramayan Shukla. All are Resident of Village-Sheorahi Mathiya, Police Station-Jagdishpur, District-West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s :

Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nautan (Jagdishpur) P.S. Case No.13 of 2018, registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504 and 506/34 of the Indian Penal Code. Allegation has been made that the petitioners intercepted the informant and starting abusing him making

Patna High Court Cr.Misc. No.26614 of 2018(2) dt.03-05-2018 2/3 allegation that his father is harassing them and where-after, fired upon him by country made pistol, but it was a narrow escape. Allegation has been made that the petitioners have assaulted the informant mercilessly and took away his golden chain and Rs.10,000/-.

Learned counsel for the petitioners submits that for the same incident there was a counter case from the side of the informant and there is an unexplaining delay of 12 days in lodging the case.

Looking to the entire facts and circumstances of the case, 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 six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan (Jagdishpur) P.S. Case no.13 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two

Patna High Court Cr.Misc. No.26614 of 2018(2) dt.03-05-2018 3/3 consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U