Parmanand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34098 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Parmanand Yadav, son of Khub Lal Yadav @ Sub Lal Yadav
2. Shivram Yadav, son of Singheshwar Yadav
3. Rajiv Yadav, son of Narayan Yadav All are resident of village Pathardeva, P.S. Narpatganj
4. Pritam Yadav, son of Subodh Yadav
5. Bhola Yadav, son of Sudhir Yadav Both are resident of village Naya Tola, Bhorhar, P.S. Fulkaha, Distt. Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Narpatganj P.S. Case No. 160 of 2016 instituted for the offence under Sections 363 and 366A/34 of the Indian Penal Code.
It is alleged in the written report that while daughter of the informant Puja Kumari was going to college to obtain her mark-sheet, accused Rohit Kumar took her away on his motorcycle and brought her in a lonely place where the petitioner and other accused persons were present in Bolero vehicle and on the point of arms, they took away the victim girl. On recovery, the statement of victim girl under Section 164 Cr. P.C. has been recorded wherein she has levelled specific allegation against Rohit Kumar. She has not levelled any specific allegation against the petitioners.
Patna High Court Cr.Misc. No.34098 of 2017 (2) dt.20-07-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Narpatganj P.S. Case No. 160 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, 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) S.