Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46855 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== 1.

Diwakar Kumar Son of Awadhesh Singh Resident of Village- Pain, P.SSheikhpura, District- Sheikhpura. 2.

Awadhesh Singh @ Awadhesh Prasad Son of Late Jamuna Singh Resident of Village-Pain, P.S-Sheikhpura, District-Sheikhpura. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Opposite Party/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection Sheikhpura (Mahila) P.S. Case No.38/2019, registered for the offence punishable under Sections 341, 323, 354B, 452, 504, 506/34 of the Indian Penal Code. Allegation against the accused including the petitioners is to have entered into the house of the informant and asked whereabouts the son of the informant, when they found that the husband was not there, they started misbehaving with the victim lady and accused Dipak Kumar tried to outrage the modesty, however, counsel for the petitioners submits that there

Patna High Court CR. MISC. No.46855 of 2019(2) dt.29-07-2019 2/2 is no such allegation against the petitioners and this incident took place on account of family dispute.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Mahila) P.S. Case No.38 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T