Patna High CourtCR. MISC./30895/2018bail granted

Mantosh Kumar And ANR v. The State Of Bihar

2018-07-06Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30895 of 2018 Arising Out of P.S.Case No. -6 Year- 2018 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Mantosh Kumar, S/o Tarchand Ram, R/o Vill.- Sarawe, P.S.- Siwan, Muffasil, District- Siwan.

2. Bhagwati Devi W/o Tarchand Ram, R/o Vill.- Sarawe, P.S.- Siwan Muffasil, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners are in custody in connection with Siwan Mahila P.S.Case No.06 of 2018 registered for an offence under Sections 376 , 504, 506/34 of the IPC and Section 4 of the POCSO Act.

It appears that the allegation of abducting the minor daughter of the informant is against Godhan Ram. These petitioners are younger brother and mother of said Godhan Ram and allegation is that the petitioners had threatened the informant. Petitioners are in custody since 10.04.2018 having clean antecedent.

Patna High Court Cr.Misc. No.30895 of 2018 (3) dt.06-07-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Siwan in connection with Siwan Mahila P.S.Case No.06 of 2018 with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property 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 his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T