Santosh Kumar Ram @ Santosh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51930 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================
1. Santosh Kumar Ram @ Santosh Kumar,
2. Sujeet Kumar Ram @ Sujeet Kumar, Both Son of Chandeshwar Ram @ Aklu Ram,
3. Sunita Devi W/o Chandeshwar Ram @ Aklu Ram, All R/o Bariyarpur, P.S.- Rajapakar, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Rajapakar P.S. Case No. 100 of 2017 instituted for the offence under Sections 364,368/34 of the IPC.
Learned counsel for the petitioners has submitted that the victim lady has given her statement under Section 164 Cr.P.C., wherein, she has stated totally different story from the written report. In the written report, which has been lodged by the husband of the lady, it is alleged that petitioners have taken the wife of the complainant for treatment and when she did not return, then informant went to enquire in the house of the accused persons. He learnt that they have sold his wife for illegal purpose. The victim lady in her statement under Section 164 Cr.P.C. has stated her age 20 years. She has not leveled any specific
Patna High Court Cr.Misc. No.51930 of 2017 (3) dt.16-01-2018 2/2 allegation of overt act against these petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their 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) each with two sureties of the like amount each in connection with Rajapakar P.S. Case No. 100 of 2017 to the satisfaction of learned A.C.J.M. VII, Vaishali at Hajipur subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners 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 petitioners.
(Sanjay Priya, J) khushbu/- U T