Bipin Giri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36781 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Bipin Giri.

2. Mantun Giri.

3. Govind Giri. All are sons of Shambhu Giri, All are resident of VillageRaipur Buzurg, P.S. Sarairanjan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sarairanjan P.S.Case No.44 of 2018 , registered for offences punishable under Sections 323, 363, 366(A) and 504 of the Indian Penal Code.

Allegation against the brother of the petitioner is that he has kidnapped the minor daughter of the informant and against the petitioner is that when they went to enquire about the same they abused the informant.

Submission of the learned counsel for the petitioners is that they are brothers of the main accused, as such they have been falsely implicated in this case and there is no allegation of

Patna High Court Cr.Misc. No.36781 of 2018 (3) dt.09-07-2018 2/2 kidnapping against these petitioners.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM VIth, Samastipur in connection with Sarairanjan P.S.Case No.44 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T