Chunnu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37709 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Chunnu Kumar S/o Rama Nand Rai
2. Arvind Rai S/o Late Rudal Rai Both are Resident of villageChakpitamber, P.S.- Vaishali, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-10-2016 Heard Mr. Bakshi S.R.P.Sinha, Sr. Advocate, for the petitioners and Ms. Rakhi counsel for the informant. The two petitioners herein are accuseds of Vaishali P.S. Case No. 114/2016, registered under Sections 341,323,353, 354,379,506 and 504/34 of the IPC lodged by the Anganbari Sevika.
The allegation is that while she was engaged in distributing the amount for uniform amongst the children, these two petitioners along with others came and obstructed her in doing so. They also snatched the remaining amount from her. The contention of the petitioners is that the learned Sessions Judge, on perusal of the case diary, has found that no
Patna High Court Cr.Misc. No.37709 of 2016 (2) dt.17-10-2016 2/3 witness has supported the allegation of snatching of the amount from the informant. It is stated that earlier these two petitioners had lodged a complaint against the informant of the case. The petitioners have no criminal antecedents.
Considering the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, 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 Chief Judicial Magistrate/concerned Court, Vaishali at Hajipur in connection with Vaishali P.S. case no. 114 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioners.
(ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail
Patna High Court Cr.Misc. No.37709 of 2016 (2) dt.17-10-2016 3/3 bonds of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T