Sanjeev Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38812 of 2017 Arising Out of PS.Case No. -386 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Sanjeev Kumar, Son of Harinandan Rai @ Asharfi Rai,

2. Dinesh Kumar @ Dabur, Son of Arjun Rai,

3. Rajesh Kumar, Son of Upendra Rai, All R/o Maujopur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Rina Sinha, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Fatuha P.S. Case No. 386 of 2016 instituted for the offence under Sections 354B, 341, 447, 448, 323 and 379/34 of the Indian Penal Code. It is alleged in the written report that petitioner Nos. 1 and 2 entered into the house of the informant in drunken state and started to disrobe his daughter. The informant reached on hulla, thereafter, the accused persons snatched his golden chain and fled away on the motorcycle of petitioner No.3.

As such, there is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.38812 of 2017 (2) dt.28-08-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fatuha P.S. Case No. 386 of 2016, they shall be released on anticipatory bail on furnishing bail bond 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, 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) petitioners 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 petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T