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Patna High CourtCR. MISC./29209/2016bail granted

Lallan Razak @ Lalan Razak And ORS. v. The State Of Bihar

2016-08-20Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29209 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -MAHILA P.S. DistrictNALANDA (BIHARSHARIFF) =====================================

1. Lallan Razak @ Lalan Razak, Son of Late Mannu Rajak @ Hannu Razak.

2. Bipin Razak @ Bipin Kumar.

3. Chhotu Kumar.

Both Sons of Lallan Razak and residents of Village-Mirjapur, P.S.-Chiksaura, District-Nalanda.

4. Umesh Razak, Son of Rameshwar Razak, resident of Village-Manikbigha, P.S.-Dhanarua, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the State : Mr. Amit Kumar Rakesh For the Informant : Mr. Nagendra Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mahila (Nalanda at Biharsharif) P.S. Case

Patna High Court Cr.Misc. No.29209 of 2016 (2) dt.20-08-2016 2/3 No. 44 of 2016, disclosing offences under Sections 376, 366A read with Section 34 of the Indian Penal Code and Sections 4, 6 and 8 of the Prevention of Children from Sexual Offences Act, 2012.

From the First Information Report, it appears that there is allegation of kidnapping and establishing physical relationship with the informant against coaccused, namely, Prithvi Kumar. Petitioner No. 1 is the father of said Prithvi Kumar, whereas petitioner Nos. 2 and 3 are his brothers. Petitioner No. 4 is the brother-inlaw of said co-accused Prithvi Kumar. Learned counsel for the petitioners has submitted that these petitioners have been maliciously implicated in this case for creating undue pressure. It has been stated in paragraph 3 of the application that none of these petitioners have any criminal antecedent. Considering the above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharsharif, in connection with

Patna High Court Cr.Misc. No.29209 of 2016 (2) dt.20-08-2016 3/3 Mahila (Nalanda at Biharsharif) P.S. Case No. 44 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T