Harinath Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17347 of 2018 Arising Out of PS.Case No. -77 Year- 2016 Thana -COMPLAINT CASE District- SHEOHAR ======================================================

1. Harinath Singh, Son of Late Rajeshwar Singh.

2. Madhurendra Kumar @ Madhurendra Singh, Son of Late Ram Balak Singh, Both Resident of Mohalla-Ibrahimpur, Ward No.3, P.S. Sheohar, District-Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Complaint Case No. C2-77 of 2016, Trial No. 956 of 2016 for the offences punishable under sections 224, 225, 420, 468 and 471 of the I.P.C. Allegedly, after suppressing regarding rejection of pre-arrest bail vide A.B.P. No. 189 of 2014 the petitioners surrendered in the court of C.J.M. Sheohar and after detection of that fact fled away from the judicial custody and for that official complaint has been lodged by the C.J.M. Sheohar. Submission is of false implication and that the petitioners have not intentionally suppressed the fact regarding rejection of their pre-arrest bail, it was the mistake on the part of

Patna High Court Cr.Misc. No.17347 of 2018 (2) dt.16-04-2018 2/2 their learned counsel, the petitioners have got no criminal antecedents save and except Sheohar P.S. Case No. 104 of 2014, at the indication of the learned counsel the petitioners went out side, petitioner no.1 is Government Teacher and petitioner no.2 is also Civilized Citizen, the daughter of petitioner no.1 is still traceless and against the petitioners false case was filed wherein charge sheet was submitted under bailable sections and then the petitioners have come to surrender before the learned court below, they are ready to abide the terms and conditions and as such they deserve sympathetic consideration.

The learned A.P.P. seriously opposes prayer for prearrest bail of the petitioners. In the facts and circumstances stated above, I am not inclined to grant privilege of pre-arrest bail to the petitioners and accordingly their such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Sheohar.

However, in case and if so advised, the petitioners surrender and seek regular bail then their prayer for regular bail shall be considered sympathetically without being prejudiced by this order.

(Jitendra Mohan Sharma, J) Abhay/- U T