Patna High CourtCR. MISC./1308/2018bail granted

Tinku Kumar And ANR v. The State Of Bihar

2018-01-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1308 of 2018 Arising Out of PS.Case No. -7 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================

1. Tinku Kumar Son of Nagendra Singh,

2. Akhilesh Kumar Son of Late Kameshwar Singh, Both Resident of Village-Herachak, P.S.-Naubatpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Naubatpur P.S.Case No. 7 of 2017 registered under Sections 406, 420, 468, 471, 465, 302 and 120-B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the First Information Report has been instituted on the basis of a complaint dated 04.10.2016 whereas the date of occurrence as given in the complaint is 15.06.2016. It is further contended that from the complaint itself, it would be evident that the grand son of the complainant was brought to his house in the night of 15.06.2016 and his body was cremated and thereafter the complaint has been filed. No explanation has been given for

Patna High Court Cr.Misc. No.1308 of 2018 (2) dt.19-01-2018 2/2 lodging the complaint at such belated stage.

Having regard to the nature of allegation made in the complaint, which led to institution of the First Information Report under Section 156(3) of the Code of Criminal Procedure and the submissions made above, the petitioners, who are said to be men of clean antecedent, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S.Case No. 7 of 2017, in the event of their arrest or surrender before the court below within four weeks from today, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T