Gujali Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3794 of 2017 Arising Out of PS.Case No. -372 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Gujali Kumar

2. Gilan Mahto Both are Son of Tandu Mahto

3. Chhotan Manjhi S/o Lalchandra Manjhi

4. Chhedi Kumar S/o Goutam Mahto, All are resident of Village-Mishrwaliya P.S. Chapra Mofussil DisttSaran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/354/506/34 of the Indian Penal Code.

Petitioners allegedly dragged to the victim girl towards a filed and committed rape on her.

It is evident from a conjoint reading of the F.I.R. as well as statement of the victim girl under Section 164 Cr.P.C. that the victim has not alleged anything against petitioner Gilan Mahto. In the circumstances, I am not inclined to enlarge petitioners,

Patna High Court Cr.Misc. No.3794 of 2017 (3) dt.23-03-2017 2/2 namely, Gujali Kumar, Chhotan Manjhi and Chhedi Kumar on anticipatory bail. Accordingly, the anticipatory bail prayer of the aforesaid petitioners is refused.

Let, petitioner Gilan Mahto in the event of his 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 like amount to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/Successor Court in connection with Chapra Muffasil Police Station Case No.372 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