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Patna High CourtCR. MISC./52470/2018bail granted

Kaushal Kishor Singh @ Kaushal Kishor Sharma And ANR v. The State Of Bihar

2018-09-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52470 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Kaushal Kishor Singh @ Kaushal Kishor Sharma, S/o Late Nand Kishor Singh,

2. Rajnish Kumar @ Sonu @ Ranjish Kaushik S/o Kaushal Kishor Singh @ Kaushal Kishor Sharma, Both R/o Vill.- Sahar Telpa, P.S.- Karpi (Sahar Telpa O.P.), District- Arwal.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Baidya Nath Thakur, Advocate. For the Opposite Party : Mr. Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 447, 504, 354 and 379/34 of the IPC.

The prosecution story, in brief, is that on 30.05.2017 at about 5.20 P.M., labourers were working in the cattle shed of the informant and she was standing there. In the meantime, the petitioners besides co-accused took her by dragging to their house by using scurrilous words, with malafide intention. It is alleged that they abused, assaulted and snatched her golden chain and cash

Patna High Court Cr.Misc. No.52470 of 2018 (2) dt.10-09-2018 2/2 amount Rs. 2500/-.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Due to property dispute, a number of litigations are going on between the parties. The informant is the daughter-in-law of the petitioner's own brother. The allegations are superficial in nature. There is no substantive evidence to suggest their implication in the present case. On behalf of the learned counsel for the State, it has been 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 or 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 the learned A.C.J.M. Arwal, in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 105/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T