Arjun Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3821 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================
1. Jalandhar Kumar, Son of Deep Narayan Yadav, resident of village - Jhingwa, P.S. Marauna, District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== WITH Criminal Miscellaneous No.10474 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================
1. Arjun Kumar Son of Siyaram Mandal.
2. Ajay Kumar Son of Narayan Mandal Both are Resident of Village-Vina Andauli, P.S.+District-Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.3821 of 2017) For the Petitioner/s : Mr. Rajesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP (In Cr.Misc. No.10474 of 2017) For the Petitioner/s : Mr. Amar Nath Yadav, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections
Patna High Court Cr.Misc. No.3821 of 2017 (3) dt.28-04-2017 2/3 363/511/341/307/324/354/120B of the Indian Penal Code. According to F.I.R. the sister of the informant had gone to appear in the examination, when she was returning back four persons on two motorcycles intercepted her and attempted to drag her. When she protested co-accused Manish took out a dabiya from the dickey of the motorcycle and started assaulting her. On alarm others fled away. The persons who fled away are named in the F.I.R. namely, Manish Kumar and petitioner Jalandhar Kumar and two persons were apprehended at the spot were Prakash Kumar and Nitesh Kumar. The arrested persons have already been released on regular bail.
No overt-act is alleged against petitioner Jalandhar Kumar and petitioners Arjun Kumar and Ajay Kumar are not named in the F.I.R. The statement of the victim girl under Section 164 Cr.P.C. reveals that petitioners Arjun Kumar and Ajay Kumar were also present near the school, however, no overt-act is alleged against them.
Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the
Patna High Court Cr.Misc. No.3821 of 2017 (3) dt.28-04-2017 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/Successor Court in connection with Supaul Police Station Case No.531 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T