Tara Yogi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.24788 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24788 of 2018 Arising Out of PS.Case No. -588 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Tara Yogi, S/o Kishun Yogi,

2. Kishun Yogi @ Kisan Yogi @ Kishun Lal S/o Late Harischand Yogi, Both R/o Vill.- Sokari, P.S.- Keri, District- Alwar, Rajsthan. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Abhay Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 10.10.2017 in connection with Nathnagar P.S. Case No. 588 of 2017 for the offences alleged under Sections 372, 373 of the Indian Penal Code and Section 9, 11 of Child Marriage Prohibition Act.

3. It is submitted that the petitioners have been falsely implicated and independent witnesses have not supported the prosecution in course of investigation and in any event the petitioners have already been in jail custody for more than six months. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 10.10.2017, let the petitioners above named be released on bail on furnishing bail

Patna High Court Cr.Misc. No.24788 of 2018 (2) dt.03-05-2018 bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Nathnagar P.S. Case No. 588 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/BT U T