Gorakh Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2066 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================

1. Gorakha Kumar Singh, son of Sri Niwas Singh,

2. Rahul Kumar Singh, son of Sri Bishnupat Singh alias Barkera Singh,

3. Vishak Kumar Singh, son of Sri Nand Lal Singh alias Kapil Dec Singh, All resident of Village- Bharub, Police Station- Obra, District- Aurangabad. .... .... Appellants

Versus

The State of Bihar.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard learned counsel for the appellants.

The appeal has been filed for grant of pre-arrest bail in connection with Obra P.S.Case No. 27 of 2017 registered for the offence under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(iv) and 3(2)(va) of SC/ST Act and for setting aside the impugned order dated 25.5.2017 passed by Sessions Judge-1-cum-Special Judge, Aurangabad.

Allegation as per FIR is that other accused person has abused the informant and assaulted her and tried to misbehave with her.

Submission of learned counsel for the appellants is that they have falsely been implicated in this case and there is no allegation against them though there is allegation that they have assaulted son of the informant.

Patna High Court CR. APP (SJ) No.2066 of 2017 (3) dt.10-08-2017 2/2 Heard learned Special PP also, who has opposed the prayer for pre-arrest bail.

Having heard both sides and in view of the facts and circumstances, the appeal is allowed and the impugned order is set aside.

Let appellants, above named, surrender within a period of four weeks before the court below and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Aurangabad, in connection with Obra P.S.Case No. 27 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned and they will co-operate in the investigation and will appear before the investigating officer as and when required, failing which their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U