← Library
Patna High CourtCR. MISC./2087/2015bail granted

Devendra Kumar And ORS v. The State Of Bihar

2015-01-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2087 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -KANHAULI District- SITAMARHI ======================================================

1. Devendra Kumar Son of Arun Kapar@Arun Kapad

2. Bhadai Kapad, Son of Mahanth Kapar@Mahanth Kapad

3. Banti Lal Kapad S/O Bhadai Kapar,@Bhadai Kapad

4. Ram Naresh Kapar@Ram Naresh Kapad Son of Late Badri Kapar@Late Badri Kapad

5. Visheshwar Kapar@Visheshwar Kapad S/O Yogendra Kapar@Yogendra Kapad

6. Nand Lal Kapar@Nand Lal Kapad S/O Mahendra Kapar@Mahendra Kapad All are Resident of vill-Khap,P.S-Kanhauli,Distt.-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Anil Kr. Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-01-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 447, 354, 504 and 506 of the Indian Penal Code.

The accusation is of making assault and outraging the modesty of the female inmates of the informant's family.

Patna High Court Cr.Misc. No.2087 of 2015 (02) dt.19-01-2015 2/2 It is submitted by learned counsel for the petitioners that the specific accusation of assault is against Biod Kapad, Sanjay Kapad, Vijay Kapad, Chhedi Kapad and Ram Babu Kapad, who are not the petitioners before this Court. It is further submitted that most of the injuries have been found to be simple and at earlier point of time petitioners' side lodged Kanhauli P.S. Case No. 108 of 2014 against the informant side when petitioners' side also received grievous injury. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 109 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T