God @ God Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18693 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================
1. Ajay Kumar, Son of Sri Uday Shankar, resident of Mohalla- Bodh Bihar Colony, Kumaharar, Naya Tola, Post+Police Station- Agam Kuan, DistrictPatna. .... .... Petitioners/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17722 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================
1. God @ God Kumar, Son of Late Kishori Singh, resident of M.I.G. Block Nr. I, Flat Nr.20, Sector 3, Bahadurpur Housing Colony, Bhoot Nath Road, Police Station- Agam Kuan, District- Patna.
2. Chiku @ Ashish Kumar Singh, Son of S.N. Shayam, resident of M.I.G. Block Nr.14, Flat Nr.38, Sector-3, Bahadurpur Housing Colony, Bhoot Nath Road, Police Station- Agam Kuan, District- Patna. .... .... Petitioners/s
Versus
1. The State of Bihar.
2. Trilok Bhuvan @ Trilok Kumar, Son of Santosh Kumar, resident of Village- Naugarh, Police Station- Teldaha, District- Nalanda, at present M.I.G. Sector-3, Block-3, Flat Nr.33, Police Station- Agam Kuan, DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.18693 of 2017) For the Petitioners/s : Mr. Kumar Mritunjay Narain For the Opposite Party/s : Mr. Sri Anish Chandra (In Cr.Misc. No.17722 of 2017) For the Petitioners/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 The petitioners in both the above mentioned cases are apprehending their arrest in connection with Agam Kuan P.S.
Case No. 10 of 2016, registered for offences punishable under Sections 341, 323, 307, 354(4) and 34 of the Indian Penal Code. Allegation against the petitioners is of teasing the sister of informant and when the informant complained about the same, petitioners assaulted him and due to fear of the petitioners, informant jumped from the roof top causing injury to himself. It has been submitted on behalf of the petitioners that petitioners happen to be the students and due to previous rivalry, they have falsely been made accused in this case. It has also been submitted that even according to the F.I.R, itself it will appear that there was no intention of the petitioners to cause grievous hurt to the informant.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and serious nature of allegation, I am not inclined to give the petitioners privilege of anticipatory bail, rather they are directed to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the materials available against all the petitioners, shall pass an appropriate order, without being prejudiced by the order of this Court.
With the above observations, these applications are disposed of.
(Vinod Kumar Sinha, J) sunil/- U T