Yogendra Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23514 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -KADIRGANJ District- PATNA ======================================================
1. Yogendra Prasad, S/o Ram Briksh Prasad,
2. Bindu Devi, W/o Yogendra Prasad, Both are R/o Vill.- Mahtiapar, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. Mr. Yashpal Yadav, Advocate.
For the State : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kadirganj P.S. Case No. 05 of 2018 instituted for the offence under Sections 420, 366, 376 and 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that specific allegation in the written report is against co-accused Arun Kumar @ Govind @ Bind and Chanarik Yadav of performing marriage with the informant and committed illegal act with her. Petitioners are father and mother of Arun Kumar. In the written report there is no allegation of any specific overt act against the petitioners.
Patna High Court Cr.Misc. No.23514 of 2018 (2) dt.20-04-2018 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 Kadirganj P.S. Case No. 05 of 2018, 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 Sri Ranjan Kumar, learned Judicial Magistrate 1st Class, Masaurhi, Distt. Patna, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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.Ali/- U T