IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14157 of 2011
1.Dhermendra Kumar, Son of Ishwer Prasad.
2.Ishwer Prasad, Son of Late Ganuary Prasad.
Both residents of Village Pahetia, P.S. Silao, District Nalanda.
---------- Petitioners
Versus
The State Of Bihar
-------- Opposite Party
-----------
04/- 03/08/2011 Heard learned counsel for the petitioners, learned
counsel for the complainant-informant and learned Additional Public
Prosecutor for the State, who is armed with carbon copy of the case
diary.
The two petitioners are named accused in this case
based on Complaint Case No. 1517C of 2010. The main grievance, as
submitted, appears against non-petitioner Sameer Kumar @ Chotu @
Amrendra Kumar, who is none else than brother of petitioner no. 2
and son of petitioner no. 1. In the entire complaint petition, there is
nothing averted against petitioner no. 1 and against petitioner no. 2,
there is only allegation that on 29.09.2010 he along with Sameer
Kumar arrived at the place of complainant and demanded remaining
amount of Rs. 20,000/- which was not paid. This statement as regard
to presence of petitioner no. 2 is missing in subsequent information to
police authority (Superintendent of Police) given by the complainant-
informant on 17.11.2010. The entire matter relates to admission of
son of the complainant in engineering college for which some amount
was paid to the non-petitioner Sameer Kumar and, as submitted, the
boy is still traceless.
Considering the facts and circumstances of the case, , in
2
the event of their arrest/surrender before the court below within four
weeks, till submission of the charge-sheet, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/-
(ten thousand only) each with two sureties of the like amount each to
the satisfaction of Chief Judicial Magistrate, Biharsharif (Nalanda), in
connection with Silao P.S. Case No. 2 of 2011, subject to condition
laid down under Section 438(2) of the Criminal Procedure Code with
additional condition to remain physically present before the court
below till submission of the charge-sheet on the dates fixed, in case of
failure on two consecutive dates, without giving any reasonable
explanation, the liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)