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Patna High CourtCR. MISC./34096/2016bail granted

Rajan Mishra @ Rajan Tiwari @ Rajan Kumar And ANR v. The State Of Bihar

2016-08-31Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34096 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -DAUDPUR District- SARAN ======================================================

1. Rajan Mishra @ Rajan Tiwari @ Rajan Kumar

2. Vijay Mishra @ Vijay Kumar Mishra @ Pappu Mishra Both Son of Late Prahalab Mishra, Resident of Village- Jaitpur Tiwari Tola, P.S.- Daudpur, District-Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Daudpur P.S. Case No. 07 of 2015 registered under Sections 341, 323, 354, 379, 504 and 506 of the Indian Penal Code. The accusation of informant is that in course of attending the call of nature, both petitioners reached near the informant and petitioner no.1 Rajan Mishra caught hold her and petitioner no. 2 Vijay Mishra snatched her gold chain from her neck. At that time, petitioner no.1 Rajan Mishra tried to establish physical relation with her, but on raising hulla, villagers came then they fled away.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.34096 of 2016 (2) dt.31-08-2016 2/2 petitioners submits that it would appear from the F.I.R. that both the petitioners are own brother and informant is the Mammi in the relation of village and due to ulterior motive, the present case has been lodged by the informant.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Chhapra in connection with Daudpur P.S. Case No. 07 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T