Kamini Kumari @ Kamani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4062 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Kamini Kumari @ Kamani Kumari D/o Dharmendra Singh, R/o VillageBarua, P.S.- Raghunathpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Raghunathpur P.S. Case No. 118 of 2017 instituted for the offence under Sections 363,365/34 of the IPC.

In the written report, it is alleged that daughter of the informant has gone with this petitioner at Raghunathpur Market and she did not return as yet. The victim girl on recovery, gave her statement under Section 164 Cr.P.C., wherein, she has stated that she has voluntarily gone with Mithilesh to Siwan and, thereafter, they went to Hyderabad and performed marriage. In the written report, there is no allegation of overt act against this petitioner. The victim girl in her statement stated that she has voluntarily gone with this petitioner to

Patna High Court Cr.Misc. No.4062 of 2018 (3) dt.17-02-2018 2/2 Raghunathpur Market.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raghunthpur P.S. Case No. 118 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Siwan, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers 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 petitioner.