Umesh Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59603 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================

1. Umesh Chaudhary, S/o Late Ram Bahadur Chaudhary,

2. Santosh Mahto S/o Late Agam Lal Mahto,

3. Birendra Thakur @ Virndra Thakur S/o Late Rameshwar Thakur,

4. Kamo Thakur @ Kano Thakur @ Kameshwar Thakur S/o Sarjug Thakur.

5. Arjun Thakur S/o Sarug Thakur, All R/o Village- Sahjanapur (Sahajnathpur), P.S.- Ghailarh, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Singheshwar Ashthan P.S. Case No. 74 of 2016 instituted for the offence under Section-365 of the Indian Penal Code.

It has been submitted that mere suspicion has been raised against these petitioners in the written report. The police has submitted charge sheet against co-accused Mahendra Thakur on his arrest and kept supplementary investigation pending against petitioners.

In the FIR, it is alleged that father-in-law of the informant had gone to Madhepura Court to make Pairvi in Title Appeal but he did not return to the house. The informant raised suspicion against these

Patna High Court Cr.Misc. No.59603 of 2017 (3) dt.09-02-2018 2/2 petitioners of kidnapping his father-in-law.

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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Singheshwar Ashthan P.S. Case No. 74 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Madhepura 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioners and (3) if petitioners tamper 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) A.K.V.