Navin Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36134 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -BARH District- PATNA ======================================================

1. Navin Kumar,

2. Akhlesh Kumar @ Akhilesh Kumar,

3. Nikul Kumar, All sons of Brahamdev Yadav @ Brahamdev Gop @ Brahmadev Gop, Resident of Village- Basobagi, P.S.- Barh, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Barh P. S. Case No. 76 of 2018 registered under Sections 147, 148, 149, 341, 323, 379 and 354 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the informant has cooked up a false story and has implicated eighteen persons named in the complaint apart from 20 unknown accused persons including the petitioners on the

Patna High Court Cr.Misc. No.36134 of 2018 (2) dt.03-07-2018 2/2 allegation that they forcibly entered into her house and outraged her modesty. It is further submitted that it is highly improbable that three petitioners, who are full brothers, would go along with 35 others in the house of the informant without any motive and they all would be involved in outraging her modesty. On the other hand, learned Additional Public Prosecutor for the State submitted that the informant has made allegation against all the accused persons to have participated in committing the offence inside the house without any motive.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above 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 ACJM, Barh (Patna) in Barh P. S. Case No. 76 of 2018 (GR No. 330 of 2018), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.)