Ram Kumar Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5786 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Ram Kumar Ram, S/o Harihar Ram,

2. Dewanti Devi W/o Ram Kumar Ram,

3. Harihar Ram S/o Late Ramdeo Ram,

4. Bhikhani Devi W/o Harihar Ram, All are resident of village- Risiup, P.S.- Risiup, District- Aurangabad.

5. Shankar Deyal Ram @ Shankar Ram S/o Suresh Ram, resident of village- Pirauta, P.S.- Jamhor, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the State : Mr. Abhay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Risiup P.S. Case No.85 of 2017 registered under Sections 363 and 366/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that there is inordinate and unexplained delay of two months and fourteen days in institution of the FIR. As a matter of fact, the daughter of the informant has eloped with co-accused Sheo Kumar and the petitioners have been implicated in the case merely because they happen to be brother, 'bhabhi', father, mother and 'mama' of the

Patna High Court Cr.Misc. No.5786 of 2018 (2) dt.09-02-2018 2/2 co-accused Sheo Kumar. It is further contended that the petitioners have got no criminal antecedent and having got roots in the society, they are not likely to abscond or tamper with the evidence. Per contra, learned counsel for the State opposing the prayer for grant of pre-arrest bail to the petitioners submitted that the delay caused in institution of the FIR has already been explained as the informant was searching for his missing daughter and when he failed to locate her whereabouts, he went to the police station and instituted the case.

Having regard to the facts and circumstances of the case and the submissions made on behalf of the parties, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on 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 Magistrate-VIII, Aurangabad in connection with Risiup P.S. Case No.85 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T