Patna High CourtCR. MISC./46569/2016rejected

Abhishek Kumar @ Santush Yadav And ORS v. The State Of Bihar

2017-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46569 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -ALOULI District- KHAGARIA ======================================================

1. Abhishek Kumar @ Santush Yadav

2. Kundan Kumar Both sons of Satya Narayan Yadav

3. Satya Narayan Yadav @ Dhongal Yadav son of Late Neti Lal Yadav permanent resident of Village- Kokraha, P.S.- Alauli, DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Kumar, Advocate For the Opposite Party/s : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2017 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 341/323/307/504/506/379/34 of the Indian Penal Code. Allegation against the petitioners is of demand of ransom and commission of assault. Petitioner Abhishek Kumar @ Santush Yadav assaulted with lathi causing injury at the head of the informant.

Submission of the petitioners is that both sides are family members. Allegation is false due to some minor dispute

Patna High Court Cr.Misc. No.46569 of 2016 (3) dt.19-01-2017 2/2 and the parties have entered into compromise. Since petitioner Abhishek Kumar @ Santush Yadav had knowledge that his act might cause death, I am not inclined to grant him anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

As far as other petitioners, namely, Kundan Kumar and Satya Narayan Yadav @ Dhongal Yadav are concerned, they, 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, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/Successor Court in connection with Alauli Police Station Case No.169 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T