Patna High CourtCR. MISC./25060/2018bail granted

Ritesh Kumar And ANR v. The State Of Bihar

2018-04-27Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25060 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Ritesh Kumar, S/o Nand Kishor Yadav, R/o Vill.- Kaithi Beni, P.S.- Goh, District- Aurangabad.

2. Dhirendra Kumar @ Dhilendra Kumar S/o Late Munarik Singh, R/o Vill.- Radha Nagar, P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-04-2018 Heard.

The petitioners apprehend arrest in connection with Karpi (Sahar Telpa) P.S.Case No.99 of 2017 registered for an offence under section 379 and other Sections of the IPC. It appears that the petitioner no.2 and husband of the informant are full brothers residing at the same place and petitioner no.1 is relative of plaintiff no.2. The offence of assault took place for a land dispute. The allegation of assault and outraging modesty appears to be omnibus.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named

Patna High Court Cr.Misc. No.25060 of 2018 (2) dt.27-04-2018 2/2 petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-IV, Arwal in connection with Karpi (Sahar Telpa) P.S.Case No.99 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T