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Patna High CourtCR. MISC./63064/2017bail granted

Gobardhan Ram @ Gobardhen Ram And ORS v. The State Of Bihar

2018-02-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63064 of 2017 Arising out of PS. Case No.-33 Year-2017 Thana- KACHHAWA District- Rohtas ======================================================

1. Gobardhan Ram @ Gobardhen Ram, son of Gori Ram

2. Vinod Sahoo @ Vinod Sah

3. Manoj Sahoo @ Manoj Sah Both sons of Keshwar Sahoo, all are resident of village-Mangraon (Shankar Tola), P.S. Kachhwa, District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Narayan Singh-1 For the Opposite Party/s :

Mr. AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kachhwa P.S. Case No. 33 of 2017 registered for the offence punishable under Sections 341, 323, 504, 448, 354, 379 and 506 of the Indian Penal Code.

The allegation against the petitioners herein is assaulting the informant and snatching gold ornaments from her person. It is further alleged that the delay in filing the FIR had taken place since the husband of the informant works at Ludhiyana. The learned counsel for the petitioners submits that no such occurrence as alleged has ever taken place, the date of occurrence is 09.8.2017, however, the FIR has been filed belatedly on 20.08.2017, hence the entire allegation is cooked up. It is also submitted that the petitioner no. 3 is own brother

Patna High Court Cr.Misc. No.63064 of 2017(4) dt.06-02-2018 2/2 of the husband of the informant. It is further submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Kachhwa P.S. Case No. 33 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that the petitioners shall join the investigation and cooperate with the Investigation Agency during the investigation, failing which the prosecution shall be free to approach this Court for cancellation of the privilege of anticipatory bail being granted to the petitioners. (Mohit Kumar Shah, J) S.Sb/- U