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Patna High CourtCR. MISC./81278/2024allowed

Rajesh Kumar @ Rajesh Mehta @ Bobby Kumar v. The State Of Bihar

2024-12-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81278 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== 1.

Rajesh Kumar @ Rajesh Mehta @ Bobby Kumar Son of Dilip Mahto Resident of village- Manikpur, PS- Manikpur, Distt.- Lakhisarai, Bihar 2.

Sunny Kumar @ Sanni Kumar Son of Dilip Mahto Resident of villageManikpur, PS- Manikpur, Distt.- Lakhisarai, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and Mr. Ajay Kumar Jha, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Manikpur P.S Case No. 90 of 2024 instituted for the offence under Sections 126, 115(2), 303(3), 76, 351(2), 352, 3(5) of the B.N.S. Act.

3. The case of the prosecution is that the petitioners who are the son of informant's sister started assaulting and abusing her. It is further alleged that they also outraged the modestly of the informant.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.81278 of 2024(2) dt.05-12-2024 2/2 committed no offence. Petitioners have falsely been implicated in this case. During course of argument, learned counsel for the petitioners submitted that there is family dispute and the story which has been propounded is highly improbably as petitioners are sons of her own sister. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Manikpur P.S Case No. 90 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned C.J.M, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Suruchi/- U T