Santosh Kumar And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.3159 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3159 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -KURTHA District- JEHANABAD ======================================================

1. Santosh Kumar, Son of Yugesh Yadav,

2. Shankar Kumar, Son of Umesh Yadav, Both are resident of VillageMahadeo Bigha, P.S.- Kurtha (Manikpur), District- Arwal. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Aditya Narayan Singh-1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The appellants seek pre arrest bail in connection with Kurtha (Manikpur) P.S. Case No. 116 of 2017, registered for offences punishable under Sections 341, 354 (B), 506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of SC/ST Act. Allegation is that one co-accused, namely, Ranjan Kumar caught hold the daughter of the informant from behind and it is alleged that appellants were also present there. It has been submitted on behalf of the appellants that appellants have nothing to do with the alleged offence rather the allegation has been levelled against one Ranjan Kumar, and appellants have been made accused in this case only because, they did not make any effort to catch the said Ranjan Kumar. Heard learned Special P.P. also.

Having heard both sides, in view of the above facts, let the appellants above named, in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.3159 of 2017 (2) dt.14-11-2017 before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Jehanabad, in connection with Kurtha (Manikpur) P.S. Case No. 116 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that;- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T