Deo Narayan Thakur And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 13818 of 2015 Arising out of P.S. Case No. -64 Year- 2014 Thana -BELA District- SITAMARHI ===================================================
1. Deo Narayan Thakur Son of Late Bujhawan Thakur.
2. Rajiya Devi Wife of Deo Narayan Thakur.
3. Santosh Rai @ Santosh Ram Son of Bishun Ram.
4. Manju Devi wife of Santosh Ram All are resident of village - Naranga, Police Station - Bela, District - Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== with Criminal Miscellaneous No. 18271 of 2015 Arising out of P.S. Case No. -64 Year- 2014 Thana -BELA District- SITAMARHI =================================================== Ranjeet Thakur son of Deo Narain Thakur, resident of villageNaranga, P.S. Bela, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
(In Cr.Misc. No.13818 of 2015) For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh (APP) (In Cr.Misc. No.18271 of 2015) For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 25.05.2015 Heard learned counsel for the Petitioners and the State.
The Petitioners are apprehending their arrest in a case registered under Sections 363 and 366A/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.13818 of 2015 (2) dt.25-05-2015 Considering the statement of the alleged victim recorded under Section 164 Cr.P.C., let the Petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Sitamarhi (or its successor) in connection with Bela P.S. Case No.
64 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are they shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
Patna High Court Cr.Misc. No.13818 of 2015 (2) dt.25-05-2015 receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
The Magistrate concerned is directed to immediately commit the case to the Court of Sessions thereafter the Trial Court looking into the records of the case, the statement of the alleged victim recorded under Section 164 Cr.P.C. and her age shall pass orders as to whether any offence is made out against them.
Vikash/- (Anjana Prakash, J.) U T