Mangali Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21458 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mangali Devi W/o Kedar Das R/o vill. - Barwa Kala, P.S. Ghorasahan, Distt. E. Champaran
2. Ranjit Das S/o Ramdayal Das R/o vill. - Dheg Barhawa, P.S. Dheg, Distt. - Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 35 of 2015 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that the victim has not even whisper against the petitioners in her statement recorded under Section 164 of the Cr.P.C. But it is very shockingly that even though the learned Sessions Judge rejected the prayer of anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances
Patna High Court Cr.Misc. No.21458 of 2015 (2) dt.06-07-2015 as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the above named petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 35 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) P.K./- U T