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Patna High CourtCR. MISC./18793/2018disposed

Ajit Kumar @ Ajeet Kumar Singh And ANR v. The State Of Bihar

2018-04-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18793 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Ajit Kumar @ Ajeet Kumar Singh, S/o Khedu Singh,

2. Manrawati Kuar @ Manrawati Devi, W/o Khedu Singh, both r/o same village- Kewadhi, P.S.- Kudra, and District- Kaimur, Bhabhua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate Ms. Kiran Kumari Sharma, Advocate For the State : Mr. Awadhesh Kumar Singh, APP For the Informant : Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Kudra P.S. Case No.07 of 2018 instituted for the offence under Section(s) 365, 120-B Indian Penal Code.

It is alleged that father of the informant had talked on mobile with his son (brother of the informant) as mentioned in the written report. Thereafter, call was disconnected and since then father of the informant is traceless.

Counsel for the petitioners has submitted that some of the co-accused has been granted anticipatory bail by a coordinate Bench of this Court by order dated 24.04.2018 passed in Cr. Misc. No.14471 of 2018 till the submission of charge-sheet.

Patna High Court Cr.Misc. No.18793 of 2018 (3) dt.26-04-2018 2/2 Counsel for the informant has appeared and opposed the prayer for bail.

In view of such, this application is disposed off with direction that in the event of surrender of the petitioners, named above, within six weeks from today in connection with Kudra P.S. Case No.07 of 2018, they shall be released on provisional anticipatory bail till submission of charge-sheet on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Kaimur, Bhabhua, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further condition that petitioners shall have to co-operate in investigation and appear before the police as and when required, otherwise their bail bond shall be cancelled. It is made clear that once charge-sheet has been submitted against the petitioners, in that event, they shall have to surrender in the Court below and make prayer for regular bail, which shall be considered on the basis of materials available on record at that time. With the above observation, this application is disposed off.

(Sanjay Priya, J) JA/- U T