Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75419 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Sonu Kumar Son of Babu Lal Sahani Resident of Village Majhariya, P.S. Pipra Kothi, District- East Champaran.

2.

Sujay Kumar @ Sujay Kumar Sahani Son of Babu Lal Sahani Resident of Village Majhariya, P.S. Pipra Kothi, District- East Champaran. 3.

Suraj Kumar @ Mithu Kumar Son of Deo Lal Sahani Resident of Village Majhariya, P.S. Pipra Kothi, District- East Champaran. 4.

Pintu Kumar @ Pintu Kumar Rai Son of Lal Babu Rai Resident of Village Baltharwa P.S. Pipra Kothi, District- East Champaran. ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party :

Mr.Arvind Kumar Pandey (A.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Pipra Kothi P. S. Case No.58 of 2019 registered under Sections 363, 366A/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that during pendency of the instant application preferred under Section 438 of the Code of Criminal Procedure, the petitioner nos. 2 and 4, namely, Sujay Kumar @ Sujay Kumar Sahani and Pintu Kumar @ Pintu Kumar Rai

Patna High Court CR. MISC. No.75419 of 2019(3) dt.16-03-2020 2/2 respectively have already been arrested.

In view of the submission made above, the instant application filed on behalf of petitioner nos. 2 and 4 is disposed of as infructuous.

So far as petitioner nos. 1 and 3, namely, Sonu Kumar and Suraj Kumar @ Mithu Kumar are concerned, considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as contained in Annexure-2 to the present application in which she has not spoken a word against them, in the event of arrest or surrender before the court below, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in Pipra Kothi P. S. Case No.58 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T