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Patna High CourtCR. MISC./21148/2018bail granted

Khantar Ram And ANR v. The State Of Bihar

2018-04-26Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21148 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -RAUTRA District- KATIHAR ======================================================

1. Khantar Ram, Son of late Khokha Ram,

2. Sanjeet Kumar, Son of Khantar Ram, Both residents of VillageChandwa, Police Station- Kautara, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : . Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their rarrest in connection with Rautara P.S. Case No. 11 of 2018 for the offences punishable under sections 147, 149, 341, 323, 379, 448, 307, 504 and 506 of the I.P.C. Allegedly, the petitioners and the FIR named accused persons were cutting the house of the informant and then the informant asked them, then they started assaulting him with lathi and danda causing injury on his head and further they assaulted on his right hand with lathi and when the wife of the informant came for rescue she was also assaulted by them and the accused persons

Patna High Court Cr.Misc. No.21148 of 2018 (2) dt.26-04-2018 2/2 took away cash of Rs. 40,000/- and the ornaments and also Rs. 20,000/-.

Submission is of false implication and that the Complaint Case No. 20 of 2018 was lodged by petitioner no.1 on 03.02.2018 itself in the court of C.J.M. Katihar, whereas, this case has been lodged on 15.02.2018, no reason has been assigned for causing delay in lodging the FIR and as such the petitioners having no criminal antecedents deserve sympathetic consideration. The learned A.P.P. fairly submits that the said complaint case is of the earlier date and the FIR of this case has been lodged after much delay.

In the facts and circumstances stated above, 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 Smt. Swati Singh,. J.M 1st Class, Katihar in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T