Mithilesh Rai @ Mithilesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53033 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -NIMACHANDPURA District- BEGUSARAI ======================================================
1. MITHILESH RAI @ MITHILESH KUMAR, S/o Sri Sarjan Rai,
2. Munna Kumar S/o Sri Raj Kumar Rai,
3. Abhinandan @ Abhinandan Kumar S/o Sri Sekho, All are R/o vill.- Jagdishpur, P.S.- Mufassil, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
The prosecution case, in brief, is that in course of going to Sasural, the informant was snatched away of golden chain, ear ring and cash Rs. 7000/- and when, the same was protested by her brother, he was assaulted.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is
Patna High Court Cr.Misc. No.53033 of 2018 (2) dt.09-10-2018 case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-VII,cum learned Additional Chief Judicial Magistrate-VI, Begusarai in connection with Nimachandpura P.S. Case No. 44 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T