Arun Mishra @ Loha Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34464 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- GOH District- Aurangabad ====================================================== 1.

ARUN MISHRA @ LOHA MISHRA Son of Late Bindeshwar Mishra Resident of Village-Deohara, P.S.-Goh, District-Aurangabad. 2.

Pankaj Mishra Son of Arun Mishra @ Loha Mishra Resident of VillageDeohara, P.S.-Goh, District-Aurangabad. 3.

Chunnu Kumar Bari Son of Late Krishna Prasad Bari Resident of VillageDeohara, P.S.-Goh, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Goh P.S. Case No. 02 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation in the FIR that six persons named therein were using abusive language against the informant's husband and when he came out of his house, all of them assaulted him. They are said to have pressed the informant's neck and tried to outrage her modesty. It is alleged against one co-accused Surendra Gupta that he had

Patna High Court CR. MISC. No.34464 of 2019(3) dt.17-08-2019 2/2 opened a fire, though it did not hit the informant and her husband.

Learned Senior Counsel appearing on behalf of the petitioners has submitted that no injury at all has been reported and allegation of opening fire is not against these petitioners. Considering the above, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on 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 S.D.J.M., Daudnagar, Aurangabad in Goh P.S. Case No. 02 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T