Rakesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14520 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Singh

2. Rambabu Singh both son of Babu Lal Singh all resident of villageBishunpur, P.S.- Kotwa (Bhopatpur), Distt.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Shailendra Kr. 1(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Kotwa (Bhopatpur) P.S. Case No. 225 of 2015 registered for offences punishable under Sections 376, 511, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was cooking food, accused persons entered in the house and tried to molest her and on protest, they tore her cloths. Accused persons also assaulted her family members when they came to save the informant.

It has been submitted by the counsel for the petitioners

Patna High Court Cr.Misc. No.14520 of 2016 (2) dt.28-04-2016 2/2 that being full brothers, petitioners are innocent and the present case is the counter-blast to the earlier case filed by the mother of these petitioners against the informant, bearing Kotwa (Bhopatpur) P.S. Case No. 226 of 2015. It has further been submitted that the injuries caused on the informant's side have been found to be abrasion and simple in nature. Petitioners in paragraph 3 of this application have stated that they have clean antecedent.

However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report and, hence, opposes the prayer for bail.

Be that as it may, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Kotwa (Bhopatpur) P.S. Case No. 225 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T