Nagendra Kumar @ Nagendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78733 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- BANGARA District- Samastipur ====================================================== 1.

Nagendra Kumar @ Nagendra Kumar Sah, Son of Mahendra Sah Resident of Village - Gaddopur, P.S.- N.H. Bangara, District- Samastipur 2.

Rohit Rai @ Rohit Ray, Son of Shyam Rai @ Shyam Ray Resident of Village - Gaddopur, P.S.- N.H. Bangara, District- Samastipur ... ... Petitioners

Versus

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

For the Petitioners :

Ms. Kumari Vandana- Advocate For the State :

Mr. Atul Chandra- A.P.P.

For the Informant :

Mr. Amit Kumar Mishra- Advocate Mr. Abhay Shankar Singh- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with N. H. Bangra P. S. Case No.42 of 2019 registered for the offences punishable under Sections 323, 324, 325/34, 341, 354A, 366A, 379, 504, 506 and 511 of the I.P.C. Petitioners are said to have made attempt to kidnap informant's daughter, but when they could not succeed in their attempt, then they assaulted the family members of the informant. The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she supported the

Patna High Court CR. MISC. No.78733 of 2019(3) dt.16-03-2020 2/2 occurrence.

However, it is submitted on behalf of the petitioners that prior to institution of present case, both the parties had filed cases against each others and as a matter of fact, the informant is own Fua of petitioner no.1. He further submits that the victim had sustained one simple injury, but even then the police registered the case under Section 325 of the I.P.C. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection with N. H. Bangra P. S. Case No.42 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T