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Patna High CourtCR. MISC./23348/2018disposed

Vinod Kumar And ORS v. The State Of Bihar

2018-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23348 of 2018 Arising Out of PS.Case No. -619 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Vinod Kumar , Son of Sri Arvind Kumar, Resident of East Indra Nagar Road No.- 4, P.O.- Lohiya Nagar, P.S- Kankarbagh, Town and DistrictPatna.

2. Subhadra Nandan Jha @ Roshan Jha @ Roshan Kumar, Son of Shri Janaki Nandan Jha, Resident of Village- Pali, P.O.- Pali, P.S.- Ghanshyampur, Town and District- Darbhanga.

3. Nisha Jha, Wife of Chandan Kumar, Reisdent of Janaki Nagar, PO.- Patrakar Nagar, P.S. Patrakar Nagar, Town and District- Patna.

4. Chandan Kumar @ Chandan Kumar Jha @ Chandan Jha, Son of Bachchan Jha, Resident of Janaki Nagar, P.O.- Patrakar Nagar, P.S.- Patrakar Nagar, Town and District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Priyank Deepak For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Patrakar Nagar P.S.Case No. 619 of 2017 registered for the offences punishable under Sections 448, 376, 511, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against petitioner No.4 is of attempting to commit rape upon the informant and so far other petitioners are concerned, there is general and omnibus allegation against them and petitioner No.3 is lady.

Submission of learned counsel for the petitioners is that earlier a case has been lodged by the side of the petitioners against the informant and others and in order to save their skin the present false and concocted case has been lodged.

Patna High Court Cr.Misc. No.23348 of 2018 (2) dt.19-04-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners Nos. 1, 2 and 3, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Judge-X-cum-Additional Chief Judicial Magistrate, Patna, in connection with Patrakar Nagar P.S.Case No. 619 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

So far petitioner No.4 is concerned, he should surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U