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Patna High CourtCR. MISC./57560/2019bail granted

Vijay Prasad v. The State Of Bihar

2019-09-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57560 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

VIJAY PRASAD Son of Ramdahin Prasad Resident of Village - Shah Bagicha, P.S.- Chiksaura, District- Nalanda 2.

Jai Ram Prasad Son of Ramdahin Prasad Resident of Village - Shah Bagicha, P.S.- Chiksaura, District- Nalanda 3.

Pramod Kumar Son of Ramdahin Prasad Resident of Village - Shah Bagicha, P.S.- Chiksaura, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Dr. Indiwar Kumari, APP For the O.P. No.2 :

Mr. Ravi Shankar Pankaj ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hilsa P.S. Case No. 184 of 2019 for the offence punishable under Sections 341, 323, 452, 379, 504 and 354/34 of the Indian Penal Code.

The petitioners are full brothers. It appears from the First Information Report that alleging kidnapping of the informant's daughter, Pirbahore P.S. Case No. 710 of 2018 was registered. The petitioners are maternal uncle of the boy, who had allegedly kidnapped the informant's daughter. It is alleged in the First Information Report that these petitioners entered into the house of the informant, assaulted him and took away

Patna High Court CR. MISC. No.57560 of 2019(2) dt.13-09-2019 2/2 valuables. It has been argued that a false case has been registered out of the animosity.

Learned counsel appearing on behalf of the informant has opposed the prayer for anticipatory bail. However, considering the facts and circumstances, case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Hilsa, Nalanda, in Hilsa P.S. Case No. 184 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T