Patna High CourtCR. MISC./40504/2014bail granted

Abhishek Gaurav @ Gunjan And ORS v. The State Of Bihar

2015-03-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40504 of 2014 Arising Out of PS.Case No. -3619 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Abhishek Gaurav @ Gunjan Son of Late Virendra Pardeshi

2. Piyush Rishabh Son of Late Virendra Pardeshi

3. Kanak Lata Kumari Wife of Late Virendra Pardeshi

4. Vineet Kumar Son of Virendra Prasad All Resident of Mohalla Kumharar, Shikshak Colony, P.S. Agamkuan, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 376, 506, 504 IPC and section 3 of the SC/ST Act registered in connection with Complaint Case No. 3619(c) of 2013.

3. It is submitted that the petitioners have been falsely implicated in the present Complaint case in retaliation to an earlier FIR in Bakhtiyarpur G.R.P. S. Case No. 19 of 2012. The enquiry witnesses Mantu Prasad Singh and Upendra Prasad Singh were the

Patna High Court Cr.Misc. No.40504 of 2014 (2) dt.04-03-2015 sureties in the aforesaid Bakhtiyarpur G.R.P. S. Case No. 19 of 2012. Even on the averments in the complaint the offence under SC/ST Act is attracted as the incident is not in public view.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Anil Ram, learned Judicial Magistrate Ist Class, Patna, in connection with Complaint Case No. 3619(c) of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Chandran U T