Nirmal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27138 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Nirmal Kumar, Son of Krit Narayan.

2. Krit Narayan Yadav, Son of Late Bidya Nand Yadav.

3. Parwati Devi, W/o Krit Narayan Yadav.

All Resident of Village- Chandpur Bhangaha Toal, Chharra Patti, P.S.- Janki Nagar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sakir Ahmad ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Janki Nagar P.S. Case No. 59 of 2017, disclosing offences under Sections 341, 323, 324, 325, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.

The allegation in the First Information Report is of assaulting the informant and her family members as they were

Patna High Court Cr.Misc. No.27138 of 2017 (2) dt.01-07-2017 2/3 not ready to succumb to the pressure being mounted by these petitioners for withdrawal of a criminal case. Learned counsel for the petitioners has submitted that false allegation has been made because of rivalry between the two families and no offence, under Section 307 of the Indian Penal Code, is made out on the basis of what has been alleged in the First Information Report.

On perusal of the First Information Report, I find that the allegation is of assaulting the informant with fists, kicks, Lathi and Iron Rod. No case of intention to kill the informant, on the basis of what has been alleged in the First Information Report, is made out.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Purnea, in connection with Janki Nagar P.S. Case No. 59 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners

Patna High Court Cr.Misc. No.27138 of 2017 (2) dt.01-07-2017 3/3 shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T