Bhupendra Poddar @ Bupendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49973 of 2019 Arising Out of PS. Case No.-668 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
BHUPENDRA PODDAR @ BUPENDRA KUMAR Son of Late Bishundeo Poddar Resident of Village - Bari Balliya, P.S.- Balliya, Distt - Begusarai 2.
Ram Prakash Poddar Son of Late Bishundeo Poddar Resident of Village - Bari Balliya, P.S.- Balliya, Distt - Begusarai 3.
Kishore Poddar @ Kishore Kumar Poddar Son of Ram Prakash Poddar Resident of Village - Bari Balliya, P.S.- Balliya, Distt - Begusarai 4.
Ajay Poddar Son of Late Palatdhari Poddar Resident of Village - Chhoti Chak, P.S.- Gogri, Distt - Khagaria.
5.
Ratnesh Poddar Son of Late Palatdhari Poddar Resident of Village - Chhoti Chak, P.S.- Gogri, Distt - Khagaria.
6.
Kiran Devi Wife of Ajay Poddar Resident of Village - Chhoti Chak, P.S.- Gogri, Distt - Khagaria.
7.
Urmila Devi Wife of Late Palatdhari Poddar Resident of Village - Chhoti Chak, P.S.- Gogri, Distt - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nakul Kumar Jamuar Mr. Bimal Kumar No.2 For the State :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Begusarai Town P.S. Case No. 668 of 2017, disclosing offences under Sections 406, 120(B), 323, 364, 302 and 201/34 of the Indian Penal Code.
The father-in-law of the informant has been made an accused. For the allegation dating back to the year 2010, the FIR
Patna High Court CR. MISC. No.49973 of 2019(2) dt.09-08-2019 2/3 has been registered in 2017.
This is to be noted that the informant himself was in custody for several years on the basis of an FIR registered by his father-in-law in 2011.
Learned counsel for the informant has submitted that because the informant had remained in custody for several years, there has been delay in lodging of the FIR. The petitioners belong to the same family.
It is alleged in the FIR that the father-in-law of the informant had taken from him certain amount on loan, which he refused to pay. It is also alleged that the informant's wife and his daughters have been kidnapped by the petitioners. Considering the nature of allegation and delay in lodging of the FIR, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Begusarai in connection with Begusarai Town P.S. Case No. 668 of 2017, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners
Patna High Court CR. MISC. No.49973 of 2019(2) dt.09-08-2019 3/3 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T