Umesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17475 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================
1. Umesh Kumar s/o Shivlal Yadav,
2. Rajesh Kumar S/o Shivlal Yadav,
3. Bichendra Yadav S/o Babuchand Yadav,
4. K.B. Lal Yadav, S/o Kameshwr Yadav,
5. Bidyanand Kumar @ Bindi, S/o Chandradeo Yadav, All R/o Village- Udaypura, P.S.- Paras Bigha, District- Jehanabad .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Jehanabad Mahila P.S. Case No. 32 of 2015, disclosing offences under Sections 341, 323, 354(B), 307 and 504/34 of the Indian Penal Code.
It is alleged that the petitioner nos. 1 and 2 had pulled the informant by arms and the petitioner nos. 3, 4 and 5 had assaulted her.
Patna High Court Cr.Misc. No.17475 of 2016 (4) dt.12-07-2016 2/3 Learned counsel appearing on behalf of the petitioners has submitted that the police, upon completion of investigation, have submitted the charge-sheet against various sections of the Indian Penal Code but not under Section 307 of the Indian Penal Code. He has further submitted that the court below has taken cognizance of the offence for which the charge-sheet has been submitted. It has also been submitted that there is a counter case in relation to the same occurrence and the informant and the present petitioners are co-villagers. Considering the above submission and the statement that the petitioners have no criminal antecedent, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on 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 Additional Sessions Judge, 1st, Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 32 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.17475 of 2016 (4) dt.12-07-2016 3/3 their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ajaypd./- U T