Kundan Kumar @ Chandan Soni @ Chandan Kumar Soni @ Kundan Kumar Soni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45557 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- MUFFASIL District- Aurangabad ======================================================

1. KUNDAN KUMAR @ CHANDAN SONI @ CHANDAN KUMAR SONI @ KUNDAN KUMAR SONI son of Late Basdev Prasad @ Basudev Prasad

2. Rekha Devi W/oKundan Kumar @ Chandan Soni @ Chandan Kumari Soni @ Kundan Kumar Soni

3. Chandani Kumari Daughter of Kundan Kumar @ Chandan Soni @ Chandan Kumar Soni @ Kundan Kumar Soni All residents of Village - Nehuta Road, P.S. - Muffasil, District - Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Muffasil P.S. case no. 39 of 2018 instituted for the offence under Section(s) 341,323, 354, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that all sections are bailable except section 354 of the IPC. No case under Section 354 of the IPC is made out as per allegation in

Patna High Court Cr.Misc. No.45557 of 2018(2) dt.14-08-2018 2/3 the written report.

In the written report, it is alleged that on the date of occurrence petitioner no.1 assaulted the informant with lathi causing injury on her right hand. It is further alleged that he also torn the blouse. Other accused persons pushed down the informant.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Muffasil P.S. case no. 39 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court Cr.Misc. No.45557 of 2018(2) dt.14-08-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T