High Court Patna High Court - Orders

Dharmendra Kumar & Anr vs The State Of Bihar on 3 August, 2011

Patna High Court – Orders
Dharmendra Kumar & Anr vs The State Of Bihar on 3 August, 2011
                 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.)