Jitendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5954 of 2018 Arising Out of PS.Case No. -242 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Jitendra Prasad,

2. Ram Babu Prasad,

3. Shyam Babu Prasad, All Sons of Ramanand Prasad.

4. Ramanand Prasad, S/o Late Mahavir Prasad, All are R/o MohallaAandar, P.S.- Andar, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Siwan Town PS case no. 242 of 2016 registered for the offences punishable under Sections 366(A), 506, 120B of Indian Penal Code.

The allegation is regarding abduction of the victim girl by one Lucy Kumar and the petitioners herein whereas the petitioners are said to be the relatives of the said Lucy Kumar. The learned counsel for the petitioners submits that apart from the fact that the petitioners herein are relatives of the said Lucy Kumar, there is no material to connect the petitioners

Patna High Court Cr.Misc. No.5954 of 2018 (3) dt.20-02-2018 2/2 herein with the alleged occurrence. The petitioners are said to be having clean antecedents.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Town PS case no. 242 of 2016 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioners shall join investigation and would be present at the place where the investigating agency directs the petitioners to be present. It is clarified that if the prosecution finds that the petitioners are not cooperating in investigation then it would be free to move this Court for cancellation of the bail.

(Mohit Kumar Shah, J) rinkee/- U T