Kedar Nath Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36093 of 2017 Arising Out of PS.Case No. -284 Year- 2017 Thana -KANKARBAGH District- PATNA ======================================================
1. KEDAR NATH PRASAD, son of late Saryug Mahto,
2. Shubham Kumar @ Golu, son of Sri Rabindra Roy, &
3. Bikram Kumar, son of Sri Rabindra Roy, all resident of Ashok Nagar, Road No.14B, Lane No.3, PS- Kankarbagh, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Sinha No.-1, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP For the Informant : Mr. Anurag Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-08-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Kankarbagh P.S. Case No.284 of 2017 instituted for the offence under Section(s) 341, 323, 354, 506/34 Indian Penal Code.
It has been submitted that petitioner No.1 is fatherin-law of the informant and petitioner Nos.2 and 3 are maternal grandson of the petitioner No.1. It has further been submitted that the instant case has been filed on account of property dispute. Petitioner No.1 has purchased the land in his name and constructed the house from his own income in 1985. The informant and her husband used to live in that house and always want to take rent from the tenants and the instant case has been
Patna High Court Cr.Misc. No.36093 of 2017 (3) dt.25-08-2017 2/3 filed just to put pressure upon the petitioner No.1. Counsel for the Informant has opposed the prayer of bail.
From the written report, it appears that there is general and omnibus allegation against these petitioners that they attempted to outrage the modesty of the informant. It is further alleged that the petitioners caused injury to the husband of the informant, but no injury was found on the person of husband of the informant.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kankarbagh P.S. Case No.284 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper
Patna High Court Cr.Misc. No.36093 of 2017 (3) dt.25-08-2017 3/3 and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T