Manoj Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14861 of 2017 Arising Out of PS.Case No. -2762 Year- 2010 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Manoj Singh S/o Nagnarain Singh Resident of Village- Belwa Madho, P.S.- Kotwa, District- East Champaran.

2. Kundan Singh @ Kundan Kumar Singh, S/o Rajkishor Singh Resident of Village- Nawada, P.S.- Kotwa, District- East Champaran.

3. Lal Babu Sahani S/o Sukul Sahani Resident of Village- Sedha Mathiya, P.S.- Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Manoj Singh S/o- Late Surendra Singh, Resident of Village- Hirapur, P.S.- Kotwa, District- East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Tr. No. 4425A/11 arising out of Complaint Case No. 2762 of 2010 lodged for the offences punishable under Section 392 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation appears to be doubtful and, as a matter of fact, some occurrence took place with respect to some previous issue between the parties but they have not appeared before the police and the complainant filed the complaint case against these petitioners in

Patna High Court Cr.Misc. No.14861 of 2017 (2) dt.06-04-2017 2/2 the Court.

Heard learned APP also. It has been submitted by him that the case is of the year 2013 and the petitioners are coming for anticipatory bail after such a long time. Having heard both sides and in view of the fact that the petitioners have moved for anticipatory bail after such a long time and the case is under Section 392 of the Indian Penal Code, I am not inclined to grant anticipatory bail to them. The prayer is rejected.

However, the petitioners first surrender before the court below and make prayer for regular bail which shall be considered without being prejudiced by the order of this Court as also considering the allegations and materials on the record. The application is, accordingly, disposed of. (Vinod Kumar Sinha, J) S.Pandey/- U T