Sonbala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33479 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- SIKRAUL District- Buxar ====================================================== 1.

Sonbala Kumari Daughter of Nand Kumar Pandey @ Vishnu Pandey Resident of Village - Kanjia, P.S.- Sikraul, District - Buxar. 2.

Ragni Kumari Daughter of Nand Kumar Pandey @ Vishnu Pandey Resident of Village - Kanjia, P.S.- Sikraul, District - Buxar. 3.

Kriti Kumari Daughter of Nand Kumar Pandey @ Vishnu Pandey Resident of Village - Kanjia, P.S.- Sikraul, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.

The petitioners seek bail in Sikraul P.S. Case No. 18 of 2021, registered for the offence punishable under Sections 366(A), 420, 120(B) of the Indian Penal Code. As per the prosecution case, minor daughter of informant was forcibly kidnapped by the petitioners. It is submitted on behalf of the petitioners that due to old enmity and village politics all the unmarried daughters of Nand Kumar Pandey @ Vishnu Pandey have been made accused in this case. Informant is not the eye-witness of the occurrence. Moreover, there is contradiction between 161

Patna High Court CR. MISC. No.33479 of 2021(3) dt.21-10-2021 2/2 statement and statement under Section 164 Cr.P.C. Petitioners are in custody since 18.02.2021.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged 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 the learned Additional District & Sessions Judge VI-cumSpecial Judge POCSO Act, Buxar in connection with Sikraul P.S. Case No. 18 of 2021, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below. (ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T