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Patna High CourtCR. MISC./8723/2015bail granted

Ram Kumar Mehta And ORS v. State Of Bihar And ANR

2015-03-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8723 of 2015 Arising Out of PS.Case No. -1103 Year- 2013 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Ram Kumar Mehta son of Late Haricharan Mehta

2. Sheo Pujan Mehta son of Late Haricharan Mehta

3. Krishna Mahto @ Krishna Mehta son of Late Haricharan Mehta all resident of village- Pokharahi, P.S. Baroon District Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nirmala Devi W/o Umashanker Singh. Resident of village- Pokharahi, P.S. Baroon District Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 354, 504/34 of the Indian Penal Code. It is alleged that the accused persons assaulted the informant, abused her and pulled her sari and when the son and husband of the informant came to rescue her they were also assaulted by the petitioners.

It is submitted by the learned counsel for the petitioners that supplementary affidavit has been filed to the

Patna High Court Cr.Misc. No.8723 of 2015 (2) dt.02-03-2015 effect that no injury report is on the record to suggest any injury was actually caused to the informant and her family members. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. For the occurrence of 16.11.2013 the complaint was filed on 18.11.2013.

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 Chief Judicial Magistrate, Aurangabad in connection with Comp. Case No. 1103 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T