Mauli Kewat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53440 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mauli Kewat Son of Late Saro Kewat

2. Prema Devi Wife of Mauli Kewat Both of Village-Kaparsarai, P.S.- Nalanda, District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 The petitioners are apprehending their arrest in connection with Nalanda P.S. Case No. 106 of 2016, registered for offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that though the petitioners have been named in the First Information Report and as a matter of fact the victim went her house on her sweet will in order to marry the brother-in-law (Sala) of the petitioner.

Learned counsel for the petitioners has also submitted that in view of the statement made in paragraph 62 of the case diary the prosecution case has been also falsified. Heard learned A.P.P. also.

Having heard both sides and in view of the

Patna High Court Cr.Misc. No.53440 of 2016 (4) dt.17-03-2017 2/2 statement made in paragraph 62 of the case diary, let the petitioners above named, 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, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 106 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Vats/- U T