Kundan Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67251 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

KUNDAN PURI Son of Muneshwar Puri Resident of Raipur Bujurg, P.S.- Sarai Ranjan, District- Samastipur.

2.

Rohit Puri Son of Manoj Puri Resident of Raipur Bujurg, P.S.- Sarai Ranjan, District- Samastipur.

3.

Manoj Puri Son of Muneshwar Puri Resident of Raipur Bujurg, P.S.- Sarai Ranjan, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 This application, for grant of anticipatory bail, arises out of Sarai Ranjan P.S. Case No. 38 of 2019, disclosing offences under Sections 323, 324, 34, 341, 354 and 379 of the Indian Penal Code.

Allegation against petitioner no. 1 is of trying to outrage the modesty of the informant and allegation against petitioner nos. 2 and 3 of abusing and assaulting the informant. Submission of learned counsel for the petitioners is that there was some altercation between the children of the parties and due to which, they have falsely been implicated in this case and some independent witnesses have not supported the case of prosecution. Learned counsel for the State opposed the prayer for

Patna High Court CR. MISC. No.67251 of 2019(3) dt.19-12-2019 2/2 anticipatory bail of the petitioners on the ground that informant in her restatement as well as her mother in law have stated about the allegation of outraging the modesty.

Having heard both sides, considering the facts and circumstances of the case, so far petitioner no. 1 is concerned, I am not inclined to grant privilege of anticipatory bail to him rather he has to surrender in the court below and pray for regualr bail, which will be disposed of by the court below on the basis of materials available on record.

So far petitioner nos. 2 and 3 are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJMVI, Samastipur, in connection with Sarai Ranjan P.S. Case No. 38 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This application is accordingly disposed of.

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