Sk. Kalam Vs. the State of Bihar - Court Judgment

Excerpt:

.....lodged on 25.03.2011 and earlier also the complainant lodged a complaint case with similar accusation against the petitioners in which petitioner were granted bail. considering the delayed lodging of the complaint which clouds the bona fide of the accusation, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the 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, katihar in connection with complaint case no. 653/2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j) amrendra kumar/-

Judgment:

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1508 of 2012 ====================================================== Sk. Kalam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2093 of 2012 ====================================================== 1. Sk. Suleman 2. Sk. Salam 3. Sk. Anwar @ Bijla @ saeed Anwar.

4. Sk. Azad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH”

18. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners being the nephew and brother of the complainant are apprehending their arrest in a complaint case in which cognizance has been taken under Sections 324, 325, 384 and 392/34 of the Indian Penal Code. It is alleged that the petitioners entered into the house of the complainant, robbed the articles and made assault and also demanded extortion. It is submitted by learned counsel for the petitioners that no injury was caused to the complainant and for the occurrence of Patna High Court Cr.Misc. No.1508 of 2012 (2) dt.18-01-2012 2/2 09.02.2011 and 10.02.2011 the complaint was lodged on 25.03.2011 and earlier also the complainant lodged a complaint case with similar accusation against the petitioners in which petitioner were granted bail. Considering the delayed lodging of the complaint which clouds the bona fide of the accusation, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the 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, Katihar in connection with Complaint Case No. 653/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Amrendra Kumar/-