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Patna High CourtCR. MISC./1370/2018bail granted

Chuha @ Chuha Kumar @ Pankaj Kumar And ANR v. The State Of Bihar

2018-01-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1370 of 2018 Arising Out of PS.Case No. -30 Year- 2017 Thana -NADI P.S. District- PATNA ======================================================

1. Chuha @ Chuha Kumar @ Pankaj Kumar

2. Mangal @ Mangal Kumar @ Raja Kumar Both are Sons of Late Pramod Thakur Permanent Resident of VillageDhanohar P.O. and P.S-Ekangarsarai, District-Nawada and at present Residing at Village-Samashpur P.S-Nadi, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nadi P.S. Case No. 30 of 2017 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

The allegation of the informant is that the victim boy was taken by the petitioners herein to the matrimonial home of the sister of the informant herein. It is further alleged that the informant made a call to his brother-in-law, namely, Manish Kumar, who informed him that the victim boy had cut his hands. Subsequently, it was informed by Manish Kumar after about half an hour that the victim boy had hanged himself.

Patna High Court Cr.Misc. No.1370 of 2018 (3) dt.15-01-2018 2/2 The learned counsel for the petitioners submits that the main accused, namely, Manish Kumar has already been granted bail by this Court by an order dated 06.11.2017 passed in Criminal Miscellaneous No. 49168 of 2017, hence, as far as the petitioners herein are concerned, on whom virtually, there is no allegation, and merely on suspicion of the informant, they have been roped in, they are entitled to grant of anticipatory bail. The petitioners herein are said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Patna City in connection with Nadi P.S. Case No. 30 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.