Gajendra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41755 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- MAHILA PS District- Jehanabad ======================================================
1. Gajendra Kumar, S/o Ram Babu Yadav,
2. Azad Kumar, S/o Tarun Yadav,
3. Kundan Kumar, S/o Ram Babu Yadav, All resident of VillageChalisa Milki, P.S.- Parasbigha, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Digvijay Singh, Advocate For the Informant :
Mr. Arvind Prasad Singh, Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend arrest in Jehanabad Mahila P.S. Case No. 06 of 2018 instituted for the offence under Sections 341,323,354,504/34 of the IPC and under Section 12 of the Protection of Children from Sexual Offence Act. Learned counsel for the petitioners submits that there is no criminal antecedent against these petitioners. There is general and omnibus allegation leveled against petitioners that when informant was going for natural call these petitioners abused her.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.41755 of 2018(2) dt.19-07-2018 2/2 allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Jehanabad Mahila P.S. Case No. 06 of 2018 to the satisfaction of learned Additional Sessions Judge-1st, Jehanabad, subject to condition as laid down u/S 438
(2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) khushbu/- U T