Umesh Kishore Sharan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59286 of 2017 Arising Out of PS.Case No. -1884 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Umesh Kishore Sharan, Son of Late Sakaldeo Narayan,

2. Aakash Arjun @ Chhotu Kumar, Son of Late Rakesh Kumar, Both resident of Road No. 3B, Ashok Nagar, P.S.- Kankarbagh, District- Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Sujata Kumari, Wife of Harendra Kumar, resident of East of Indira Nagar, Road No. 4, Shivaji Nagar, P.S. Kakarbagh, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mrs Babita Kumari, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Complaint Case No.1884(C) of 2016 instituted for the offence under Sections 323, 379, 341 and 504/34 of the Indian Penal Code.

It is alleged in the complaint that petitioners and other accused persons entered into her house and started taking out household articles. It is further alleged that petitioner no.1 poured kerosene oil on the roof of College and set it on fire. The learned Magistrate after enquiry has found prima facie case for the offence under Sections 323, 379 and 504/34 of the I.P.C. There is general

Patna High Court Cr.Misc. No.59286 of 2017 (3) dt.19-12-2017 2/2 and omnibus allegation against both the petitioners. Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioner, namely above, within six weeks from today, in connection with Complaint Case No.1884(C) of 2016, they shall 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 learned Judicial Magistrate, 1st Class, Patna, subject to the conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) N.H./- U T