Sonu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28348 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -MOKAMAH District- PATNA ======================================================
1. Sonu Kumar S/o Anil @ Man Singh
2. Suraj Kumar S/o Late TunTun Singh
3. Ankit Kumar S/o Dilip Singh
4. Bunty Kumar S/o Dilip Singh
5. Dilip Singh S/o Moti Singh
6. Kunal Kumar S/o Rabindra Singh
7. Monu Kumar S/o Anil @ Man Singh
8. Anil @ Man Singh S/o Late Tanik Singh All residents of village - Sheonar, P.S. Mokama, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 The petitioners are apprehending their arrest in connection with Mokama P.S. Case No. 126 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 308, 506, 325, 354 of the Indian Penal Code.
Allegation against the petitioner no. 1 is of assault by but portion of the pistol and there is allegation against other accused also of assaulting the informant and trying to outrage the modesty of daughter of informant.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and there is case
Patna High Court Cr.Misc. No.28348 of 2018 (3) dt.17-05-2018 2/3 and counter case between the parties and only general and omnibus allegations have been levlled.
Heard learned A.P.P. also.
Having heard both sides, so far petitioner no. 1, is concerned, I am not inclined to grant him the privilege of anticipatory bail rather he should surrender and make prayer for regular bail, which will be considered by the court below on the merit of the case.
So far other petitioners are concerned, considering the fact that no specific allegation has been levelled against them, as such, let the petitioner nos. 2 to 8, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - cum - Sub Judge -IV, Barh, Patna, in connection with Mokama P.S. Case No. 126 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable
Patna High Court Cr.Misc. No.28348 of 2018 (3) dt.17-05-2018 3/3 property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
With the above direction and observation, this application is disposed of.
(Vinod Kumar Sinha, J) sunil/- U T