Avinash Kumar @ Vivek Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50164 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -PUPRI District- SITAMARHI ======================================================
1. Avinash Kumar @ Vivek Kumar S/o Raghunath Rai
2. Akhilesh Kumar S/o Raghunath Rai, Both of Vill- Singiyahi, P.S.- Pupri, Dist- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354A, 354D, 504, 506 and 379/34 of the Indian Penal Code.
The prosecution case, in brief, is that while the informant was returning home after tuition the accused persons including the petitioners taunted her by using filthy language. When she called her brother, he came and protested them and then they assaulted him with fists and slaps and snatched his gold chain and Rs.17,000/- from his pocket.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case.
Patna High Court Cr.Misc. No.50164 of 2016 (2) dt.23-11-2016 2/2 There is no allegation of tampering of witnesses alleged against the petitioners. The main allegation is against the co-accused, namely, Gautam In course of investigation the police had submitted final form against the petitioner No.1. No overt act has been alleged against the petitioners.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 S.D.J.M., Pupri, Sitamarhi in connection with Pupri P.S. case No.98 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T