Lalan Bhuiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35370 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Lalan Bhuiya Son of Late Tulsi Bhuiya.

2. Phula Devi @ Puranwashia Devi, wife of Lalan Bhuiya. Both are the Resident of Village- Mounia Bigha, P.O. & P.S.- Dalmia Nagar, DistrictRohtas. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Dehri (Dalmia Nagar) P.S.Case No. 317 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Petitioners are named in the FIR and the case is under Section 366A IPC.

It has been submitted on behalf of the petitioners that allegation is against the son of the petitioners, who was seen going along with the victim girl and when informant enquired about her daughter from the parents of the boy, hot altercation between the parties took place and except allegation of scuffling between the

Patna High Court Cr.Misc. No.35370 of 2017 (2) dt.07-08-2017 2/3 parties there is nothing against them and they are in custody for more than two months having clean antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that petitioners are father and mother of the boy and there is no allegation of kidnapping against them, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Dehri-on-Sone, Rohtas, in connection with Dehri (Dalmianagar) P.S.Case No. 317 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two

Patna High Court Cr.Misc. No.35370 of 2017 (2) dt.07-08-2017 3/3 consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U