Raja Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56393 of 2017 Arising Out of PS.Case No. -215 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Raja Kumar,
2. Lallu Kumar @ Ravi Kumar @ Ravi,
3. Munna Kumar @ Amardeep Kumar, all sons of Paras Sao,
4. Paras Sao, son of late Rambhajan Sao, all resident of village- Mafi Gali, Warisaliganj, P.S.- Warisaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Warisaliganj P.S. Case No.215 of 2017 instituted for the offence under Section(s) 365, 366-A/34 Indian Penal Code.
Counsel for the petitioners has submitted that victim has voluntarily married with petitioner no.2. Counsel for the petitioners has further submitted that one child was also born to the victim girl on 10.10.2017. Birth certificate of the child has been annexed as Annexure-2.
Victim girl has given statement under Section164 Cr. P.C. which is available in the case diary, wherein, she has stated that she has performed marriage with petitioner no.2 and
Patna High Court Cr.Misc. No.56393 of 2017 (3) dt.22-12-2017 2/3 she is also pregnant after performing marriage with petitioner no.2.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Warisaliganj P.S. Case No.215 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-2, Nawada, subject to the conditions as laid down under Section 438(2) 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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) JA/- U T
Patna High Court Cr.Misc. No.56393 of 2017 (3) dt.22-12-2017 3/3