Lala Kumar @ Umjesh Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17297 of 2018 Arising Out of PS.Case No. -3467 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Lala Kumar @ Umjesh Kumar S/O Sri Bharat Ram

2. Suraj Kumar S/O Umesh Singh, Both residents of Galli No.2, behind of Wishop Convent School, P.S. Ramkrishna Nagar, District- Patna. .... .... Petitioner/s

Versus

1. State of Bihar

2. Deo Muni Devi W/O Ram Sagar Singh R/O Gali no.3 Sidhi Binayak Nagar, New Jaganpura, Patna Central School near P.S. Ram Krishna Nagar, District- Patna.

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

For the Petitioner/s : Mr. Gajendra Pratap Singh For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2018 Heard the learned counsel for the petitioners, the learned A.P.P. for the State as also the learned counsel for the complainant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Complaint Case No. 3467 (C) of 2017 for the offences punishable under sections 323, 380, 504 and 506 of the I.P.C.

In the complaint petition allegation against the petitioners is that they got down Baijanti Devi and assaulted her with fit and fat and further petitioner no.2 snatched gold chain from the neck of Baijanti Devi and petitioner no.1 snatched

Patna High Court Cr.Misc. No.17297 of 2018 (2) dt.10-04-2018 2/2 earring of Baijanti Devi.

Submission is of false implication and that both parties are resident of same mohalla, the petitioners have not taken any amount from the complainant, they were not present at the P.O at the time of the alleged occurrence, the allegation under section 380 of the I.P.C. is super addition and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, considering that the petitioners have not taken any amount from the complainant and later on they have been added as accused and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 C.J.M, Patna in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T