Manoj Kumar Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25684 of 2018 Arising Out of PS.Case No. -174 Year- 2011 Thana -EKMA District- SARAN ======================================================
1. Manoj Kumar Prasad, S/o Late Parmeshwar Prasad,
2. Umesh Pramas, S/o Late Brahmdeo Mahto, Both resident of Village+P.O.- Inayatpur, P.S.- Daudpur, District- Chapra, Saran.
3. Shankar Prasad, S/o Late Sitaram Prasad, Resident of Village+P.O. and P.S.- Daudpur, District- Chapra, Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Maheshwar Prasad For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 The petitioners are apprehending their arrest in connection with Ekma P.S. Case No. 174 of 2011, registered for offences punishable under Sections 363, 364, 365(A), 365 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping the brother of the informant and of demand of extortion. Submission of learned counsel for the petitioners is that there was lease agreement between petitioner no.1 and the brother of the informant for installation of Asian net and for that he took money but not installed the net. It has also been submitted that police after investigation has not found the allegations true and also found that the brother of informant has taken money from
Patna High Court Cr.Misc. No.25684 of 2018 (5) dt.27-08-2018 2/3 several persons for installing net.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail. Having heard both sides, in view of the above facts, let the petitioners above named, 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 First Class Judicial Magistrate, Chapra, Saran, in connection with Ekma P.S. Case No. 174 of 2011, 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 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
Patna High Court Cr.Misc. No.25684 of 2018 (5) dt.27-08-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T