Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 50358 of 2024 Arising Out of PS. Case No.-89 Year-2022 Thana- PUSA District- Samastipur ====================================================== Sonu Kumar @ Sonu Kumar Mahto Son of Late Hazari Mahto Resident of village - Gorai, Police Station - Chakamehsi, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51131 of 2024 Arising Out of PS. Case No.-89 Year-2022 Thana- PUSA District- Samastipur ====================================================== Arun Kumar Mahto @ Arun Mahto Son of Late Hazari Mahto Resident of village - Gorai, Police Station - Chakamehsi, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 50358 of 2024) For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar (In CRIMINAL MISCELLANEOUS No. 51131 of 2024) For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
Patna High Court CR. MISC. No. 50358 of 2024(2) dt.07-08-2024 2/3
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 363, 365, 366, 406 of the Indian Penal Code.
4. Allegation against the petitioners is that these petitioners forcibly kidnapped the minor son of the informant with a view to marry with the daughter of the co-accused Shila Devi. They assaulted the son of the informant and also snatched mobile and motorcycle and when the son of the informant said that he is not ready for marriage then co-accused Shila Devi put vermilion on the head of her daughter.
5. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that for the same occurrence, three F.I.R. have been lodged, one by the informant, one by police and one by co-accused Shila Devi. Similarly situated coaccused have been enlarged on bail by this Court vide order dated 31.07.2023 passed in Cr. Misc. No. 37291 of 2023. Petitioner in Cr. Misc No. 50358 of 2024 has one criminal antecedent and petitioner in Cr. Misc. No. 51131 of 2024 has no criminal antecedent as mentioned in para-3 of this
Patna High Court CR. MISC. No. 50358 of 2024(2) dt.07-08-2024 3/3 application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pusa P.S. Case No.89 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T