Patna High CourtCR. MISC./7509/2020bail granted

Kedar Das v. The State Of Bihar

2020-03-03Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7509 of 2020 Arising Out of PS. Case No.-317 Year-2018 Thana- SONO District- Jamui ====================================================== 1.

Kedar Das Son of Baldeo Das Resident of Village - Dokli, P.S.- Sono, District- Jamui 2.

Bhagiya Devi Wife of Kedar Das Resident of Village - Dokli, P.S.- Sono, District- Jamui 3.

Sudhir Das Son of Kedar Das Resident of Village - Dokli, P.S.- Sono, District- Jamui 4.

Kailash Das @ Kailash Ravidas Son of Late Dwarika Das Resident of Village - Dokli, P.S.- Sono, District- Jamui 5.

Lalan Das @ Lalo Das Son of Kailash Das Resident of Village - Dokli, P.S.- Sono, District- Jamui 6.

Prabhu Das Son of Kedar Das Resident of Village - Dokli, P.S.- Sono, District- Jamui ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Sono P.S. Case No. 317 of 2018 registered for the offence punishable under Sections 363, 366(a)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. The victim

Patna High Court CR. MISC. No.7509 of 2020(2) dt.03-03-2020 2/3 girl has been recovered and her statement under Section 164 Cr.P.C. has been recorded and from her statement it is clear that nothing has been alleged against these petitioners. Learned APP has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein the victim girl has come back and she has made her statement under Section 164 Cr.P.C in which the entire allegations are made against the co-accused Ravindra Das and none of these petitioners have been named by her and further submission of learned counsel for the petitioners is that there seems to be a love affair between the victim girl and the boy Ravindra Das and for that reason the Kith and Kin of the boy have made accused, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Sono P.S. Case No. 317 of 2018 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself

Patna High Court CR. MISC. No.7509 of 2020(2) dt.03-03-2020 3/3 available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T