Kundan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19166 of 2018 Arising Out of PS.Case No. -285 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================

1. Kundan Kumar Singh,

2. Chandan Kumar Singh, Both Sons of Kamla Singh @ Kamla Singh Yadav, Resident of Village-Dadura, P.S. Rajpur, District-Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 448, 341, 323, 354(b) and 379/34 of the Indian Penal Code.

Allegation has been made that at about 6'O Clock in the evening Kundan Kumar Singh has entered into the house of the informant and started molesting 12 years girl. When she raised alarm all the family members and Chandan Kumar Singh who happens to be the brother of petitioner no.1 came there and picked up the dispute with the father of the girl and trying to protect his brother.

Learned counsel for the petitioners submits that there is no allegation against petitioner no.2, namely, Chandan Kumar

Patna High Court Cr.Misc. No.19166 of 2018 (2) dt.09-04-2018 Singh, whatsoever he arrived there when he heard the alarm of the girl.

From the First Information Report it appears that on alarm family members went there, Chandan Kumar Singh also came and picked up the dispute with the family members of the victim.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner no.2, namely, Chandan Kumar Singh, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No.285 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

There is direct allegation against petitioner no.1, namely, Kundan Kumar Singh.

In such view of the matter, this Court is not inclined to enlarge the petitioner no.1, Kundan Kumar Singh, on anticipatory bail. Accordingly his prayer for bail is rejected. Vinay/- (Shivaji Pandey, J) U T