Putti Kumar @ Puti Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6594 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Putti Kumar @ Puti Kumar, S/o Sanjay Kumar,
2. Raju Kumar @ Rajiv Kumar, S/o Ravi Chandra Yadav Both are R/o Village- Naya Tola Madhopur, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bakhtiyarpur P. S. Case No. 134 of 2016 instituted for the offence under Sections 354 (A), 354 (B), 354 (C) and 506/34 of the Indian Penal Code.
There is allegation in the Complaint petition that these petitioners started eve teasing the informant while she was returning to her house and they had covered their face with Gamacha but during incident, the Gamacha from the face of the petitioners fell down and informant recognized them. In the meantime Raju Kumar, petitioner No. 2 snapped her picture from his mobile and threatened her not to disclose the incident before
Patna High Court Cr.Misc. No.6594 of 2017 (5) dt.03-04-2017 2/3 any body.
It is submitted by the learned counsel for the petitioners that witnesses have fully supported the case of the informant, as mentioned in paras 1 to 7 of the case diary.
From para-3 of this petition, it appears that there is no criminal antecedent against petitioner No. 1. There is general and omnibus allegation against him.Therefore, the prayer for anticipatory bail of the petitioner No. 1 is allowed. In the event of surrender/arrest of the petitioner No. 1, Putti Kumar @ Puti Kumar, within six weeks from today, in connection with Bakhtiyarpur P. S. Case No. 134 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( Rs.Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, subject to the conditions as laid down under Section 438 (2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the Court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner No.
Patna High Court Cr.Misc. No.6594 of 2017 (5) dt.03-04-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner No.1.
So far petitioner No.2 is concerned, there is specific allegation against him that snaps were taken by him and he has criminal antecedent also. Therefore, the prayer for anticipatory bail of petitioner No. 2 is rejected.
The petitioner No. 2 is directed to surrender before the Court below within six weeks from today and make prayer for regular bail which shall be disposed of by Court below in accordance with law.
(Sanjay Priya, J) Sudha/- U T