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Patna High CourtCR. MISC./6192/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-04-26Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6192 of 2024 Arising Out of PS. Case No.-413 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Deepak Kumar S/O JAGDISH SAHNI VILLAGE- BIRAR WARD NO. 9, PS. NANPUR, DIST.SITAMARHI.

2.

SONU KUMAR S/O JAGDISH SAHNI VILLAGE- BIRAR WARD NO. 9, PS. NANPUR, DIST.SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and the State.

2. The petitioners are apprehending arrest in connection with Nanpur P.S. Case No. 413/2022 instituted under Sections 363, 366A of the Indian Penal Code and 8 of the POSCO Act lodged on on 13.9.2022 by the informant, Ramsewak Sah.

3. This order be read in continuation of the order dated 16.4.2024 by which after incorporating the prosecution story as also the fact that the petitioner no.1 was in relationship with the girl, direction was given that both should appears before the Court on on 26.4.2024.

Patna High Court CR. MISC. No.6192 of 2024(4) dt.26-04-2024 2/3

4. Pursuant thereto, as the girl has appeared, this Court checked her Aadhar to confirm the credential. The couple (petitioner and the girl) is now happily married and blessed with a child who is also present in the Court.

5. In that background, so far as the grant of anticipatory bail is concerned, the same is allowed.

6. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Nanpur P.S. Case No. 413/2022 to the satisfaction of learned Additional Sessions Judge 6th cum Special Judge (POSCO Act), Sitamarhi subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.6192 of 2024(4) dt.26-04-2024 3/3 (iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U