Naveen Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56783 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Naveen Kumar S/o Late Murlidhar Sah

2. Nishant Kumar, S/o Dip Narain Sah @ Deep Narain Sah Both resident of Nadiyatola, Kahalgaon, P.S. Kahalgaon, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners, learned counsel for the informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376/511, 379/34 of the Indian Penal Code.

The prosecution case is that the petitioners tried to ravish the informant.

It is submitted by the learned counsel for the petitioners that petitioners are the tenants of the informant and due to tenancy dispute the petitioners' side lodged Informatory Petition Nos. 2052 of 2014 and 3923 of 2014 at earlier point of time. On conclusion of investigation, the Final Form was submitted levelling accusation under Sections 341, 354B, 504/34 of the Indian Penal Code. The accusation under Section

Patna High Court Cr.Misc. No.56783 of 2015 (2) dt.15-12-2015 376 of the Indian Penal Code was not found true. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Learned counsel for the informant submits that during investigation the case under Section 354B has been found to be true.

Considering the accusation in the background of tenancy dispute and the Informatory Petition filed by the petitioners at earlier point of time, let the above named petitioners be released on 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 Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Bhagalpur Mahila P.S. Case No. 67 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T