Sanjay Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6033 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -BELCHHI District- PATNA ======================================================

1. Sanjay Kumar

2. Santosh Kumar Both sons of Subesh Ram all resident of Village Ekdanga P.S. Belchhi, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pramila Devi Wife of Umesh Rai resident of Village Ekdanga P.S. Belchhi, District Patna.

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Indra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 380, 354, 452, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that on the order of Subesh Ram all the accused persons assaulted the informant and petitioner no. 1 Sanjay Kumar snatched gold chain from the informant. Thereafter co-accused Sanjay and petitioner no. 2 Santosh Kumar tried to outrage the modesty of Samta Kumari. Coaccused Mukesh took out box containing cloths and ornaments from the house of the informant.

Patna High Court Cr.Misc. No.6033 of 2015 (2) dt.13-02-2015 It is submitted by the learned counsel for the petitioners that during investigation the accusation under Section 354 of the Indian Penal Code has not been found to be true. The petitioners are agnates of the informant and there is serious land dispute between the parties. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Barh, Patna in connection with Belchhi P.S. Case No. 57 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T