Himanshu Kumar Srivastava v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43333 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== Himanshu Kumar Srivastava S/o Sanjay Kumar Srivastava Resident of Village- Ahirauli, Bishwamitra Colony ,Post Buxar, P.S Buxar(I) District Buxar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bishwanath Singh S/o late Chandradeep Singh Resident of VillageChandrapur,Post- Purana Kharipur, P.S. Koilwar ,District Bhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manendra Kumar Sinha, Advocate For the State : Ms. Indu Bala Pandey, APP For the informant : Mr. Md. Ataul Haque, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 420, 406 and 120B/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that there is no specific allegation made against the petitioner in the FIR and the allegations are all of a general nature and the petitioner has only been made accused for the simple reason that accused No.2, against whom there is specific allegation made, is the sister of the petitioner and accused No.1 is the husband of accused No.2. It is also submitted that the main accused Sneha

Patna High Court Cr.Misc. No.43333 of 2015 (3) dt.21-12-2015 Srivastava @ Saneha Srivastava has already been granted anticipatory bail by this Court by order dated 2.11.2015 passed in Cr.Misc.No. 48987 of 2015. It is also submitted that the similarly placed accused No.6 Jyoti Kumar Srivastava has also been granted anticipatory bail by this Court by order dated 28.9.2015 passed in Cr.Misc.No. 38666 of 2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Himanshu Kumar Srivastava, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Ara Nawada P.S.Case No. 59 of 2014 to the satisfaction of the Chief Judicial Magistrate, Ara, Bhojpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U