Rahul Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66443 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- PANJWARA District- Banka ======================================================
1. Rahul Kumar Son of Srilal Bhagat
2. Arvind Bhagat @ Arbind Kr. Bhagat Son of Late Kamla Kant Bhagat
3. Ladu Bhagat @ Laddu Bhagat S/o Mani Mohan Bhagat All Resident of Village - Sabalpur Police Station - Panjawara, Distt.-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Panjawara P.S. Case No. 68 of 2018 dated 29.06.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 353, 354, 504 and 506 of the Indian Penal Code.
The complaint of one Urmila Devi was directed to be inquired by the superior police officer. During the course of inquiry, the police officer concerned has alleged that accused persons including the petitioners got enraged because of the arrival of the police in the village. An attempt was made to subject aforesaid Urmila Devi to hurt and in the process, she got disrobed. Learned counsel appearing for the petitioners
Patna High Court Cr.Misc. No.66443 of 2018(2) dt.14-12-2018 2/2 has submitted that an absolutely false case has been instituted. In fact even the identification of the petitioners in the group of people who were present at the place of occurrence appears to be doubtful. No specific accusation has been levelled against petitioners no. 2 and 3 who do not bear criminal antecedents. Petitioner no. 1 was earlier made accused in a case of similar nature.
Considering the aforesaid facts, prayer for anticipatory bail of petitioner no. 1 is rejected. The petitioners no. 2 and 3, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Banka in connection with Panjawara P.S. Case No. 68 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T