Patna High CourtCR. MISC./37579/2017bail granted

Kapildeo Singh And ANR v. The State Of Bihar

2017-09-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37579 of 2017 Arising Out of PS. Case No.-57 Year-2014 Thana- PURAINI District- Madhepura ======================================================

1. Kapildeo Singh son of late Shanichar Singh

2. Gouri Sharma S/o Awadhesh Sharma Both residents of vill-Oray Police Station Puraini & District Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-09-2017 Heard both sides.

Apprehending their arrest in connection with Puraini P.S. Case No. 57/14, registered under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act, petitioners have prayed for grant of anticipatory bail.

The First Information Report (F.I.R.) was lodged against unknown on 29.6.2014. The statement of the informant under 164 Cr. P.C. was recorded on 07.07.2014. The police laid the charge-sheet on 16.09.2014 against two accused persons ( not the petitioners). Subsequently, the statement of the informant was again recorded which led to filing of the supplementary charge sheet on 20.08.2016 against the petitioners. Learned counsel submits that the statement of the

Patna High Court Cr.Misc. No.37579 of 2017(4) dt.19-09-2017 2/2 informant recorded two years after the occurrence run counter to his statement made under Section 164 of the Cr. P.C. on 07.07.2014.

Let the petitioners, above named, in the event of arrest/surrender in the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Puraini P.S. Case No. 57/14, subject to the condition as laid down under Section 438(2) of the Cr.P.C. on condition that one of the bailors of each of the petitioners shall be their own/close family members.

(Kishore Kumar Mandal, J) shyambihari/- U T