Nawal Prasad @ Nawal Kishore Prasad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32861 of 2014 Arising Out of PS.Case No. -191 Year- 2013 Thana -BARAULI District- GOPALGANJ ======================================================
1. Anil Prasad
2. Sunil Prasad All Sons of Late Bachcha Prasad Resident of village - Rupan Chhap, P.S. Barauli, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.
The petitioners apprehend their arrest in Barauli P.S. Case No. 191 of 2013, registered for the offences punishable under Sections 452, 323, 354, 380 and 34 of the Indian Penal Code. Kiran Devi, the informant named 11 persons and alleged that in the night of 31.08.2013, all the accused persons having armed with different weapons entered into her house and tried to outrage her modesty and also took away box containing ornaments. Learned counsel for the petitioners submits that the present case was lodged on 01.09.2013. The brother of the petitioner Anil Prasad filed complaint case no. 2095 of 2013 on 06.08.2013 much prior to the filing of the present case. The petitioners are next door neighbours of the informant. All the allegations are false and concocted
Patna High Court Cr.Misc. No.32861 of 2014 (3) dt.03-02-2015 and on account of land dispute the case has been lodged. Harendra Bhagat one of the co-accused has been granted anticipatory bail by the learned Sessions Judge vide order passed in A.B.P. No. 585 of 2014. On consideration of the facts that the informant herself stated that the petitioners are neighbours, co-sharers, there is case and counter case between the parties and the co-accused has already been enlarged on bail, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 191 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T