Dhiraj Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47259 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================
1. Dhiraj Kumar, Son of Ramanuj Singh, R/o Village- Sobhani, P.S.- Suryagarha, District- Lakhisarai.
2. Bittu Kumar, Son of Surendra Kumar,
3. Puja Devi, W/o Bittu Kumar,
4. Surendra Singh, Son of Late Ram Bilas Singh, Sl. Nos, 2, 3 & 4 are R/o Village- Kulana, P.S.- Akbarpur, DistrictNawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Akbarpur P.S. Case No. 176 of 2016 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.
In the written report it is alleged that petitioner No. 2 was talking with daughter of the informant and when informant raised objection, then wife of petitioner No. 2 namely, Puja Devi (petitioner No. 3), took the daughter of the informant to her house, from where she sent her to the house of her brother Dhiraj Kumar (petitioner No.1). Learned counsel for the petitioner has submitted that victim girl has given her statement under Section 164 Cr. P.C. which has been enclosed as Annexure-2 wherein she has stated that she had
Patna High Court Cr.Misc. No.47259 of 2017 (2) dt.12-10-2017 2/2 gone to house of her Mousi without informing her parents and she voluntarily returned to her house.
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 Akbarpur P.S. Case No. 176 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 Additional Chief Judicial MagistrateI, 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) S.Ali/- U T