Umesh Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17510 of 2017 Arising Out of PS.Case No. -212 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Umesh Kumar, Son of Sri Surendra Prajapati, resident of village - Dheuri, P.S. Roushan Ganj, Distt. - Gaya
2. Dharmendra Kumar, S/o Shayam Bihari Prasad, resident of village - Penar, P.S. Nokha, Distt. - Rohtas at Sasaram .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mahadev Kumar Mehta, S/o Gangadhar Mehta, resident of village - Waisi, P.S. Karjain Bajar, District - Supaul, at Present J.L. Srivastava Lauj Mahendru, P.S. Sultanganj, Distt. - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323/354/504/34 of the Indian Penal Code.
Petitioners are police officers. Allegations are that they have wrongly kept the complainant in lockup and allegedly assaulted when the owner of the business of the complainant went to the police station he was abused.
Submission is that whatever the petitioners have done was in discharge of official duty and due to some grudge the false
Patna High Court Cr.Misc. No.17510 of 2017 (2) dt.21-04-2017 2/2 case has been lodged.
Considering the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Additional Chief Judicial Magistrate, Patna City, Patna/Successor Court in connection with Complaint Case No.212 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T