Ranjit Kumar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19151 of 2016 Arising Out of PS.Case No. -6556 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Ranjit Kumar Son of Jitendra Singh
2. Ajit Kumar Son of Jitendra Singh
3. Ratan Singh @ Ram Ratan Singh Son of Nago Singh
4. Jitendra Singh Son of Nago Singh
5. Nago Singh Son of Late Narayan Singh all are residents of Village Kunj P.S. Roh District Nawada.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Deepak Paswan Son of Mathura Paswan resident of Village Kunj, P.S. Roh, District Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Complaint Case No. 6556/2015, disclosing offences under sections 323, 325, 354B, 451 and 427 of the Indian Penal Code and section 3(i)(x) of the SC/ST Act.
A supplementary affidavit has been filed on behalf of the petitioners bringing on record a copy of the First Information Report of Roh P.S.Case No. 57/2015 registered on 24.7.2015. It has been submitted that for the same occurrence, son of the informant lodged the aforesaid F.I.R. being Roh P.S.Case No.
Patna High Court Cr.Misc. No.19151 of 2016 (3) dt.16-05-2016 57/2015, whereas the present informant lodged a complaint case on 21.7.2015. Learned counsel for the petitioner has submitted that lodging of the two criminal cases for the same offence is an abuse of the process of the Court. He has further submitted that the petitioners have been granted anticipatory bail by this Court vide order dated 2.5.2016 passed in Cr.Misc.No. 11311/2016 in the aforesaid Roh P.S.Case No. 57/2015.
Considering the facts and circumstances, this application is allowed.
Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sanjit Kumar, Judicial Magistrate, 1st Class, Nawada in Complaint Case No. 6556/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. 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) Surendra/- U
Patna High Court Cr.Misc. No.19151 of 2016 (3) dt.16-05-2016