Satyendra Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62340 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -PARIHAR District- SITAMARHI ======================================================

1. Satyendra Rai, S/o Late Harinandan Rai

2. Ganesh Kumar, S/o Sitasharan Rai, Both are resident of villageRaghunipatti, P.S.- Parihar, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Parihar P.S. Case No. 172 of 2017 instituted for the offence under Sections 366A/34 of the IPC.

In the written report, informant has alleged that his minor daughter has been kidnapped by these petitioners. The victim girl has been recovered and gave her statement under Section 164 of Cr.P.C., wherein she has stated that she performed marriage with one Manoj Kumar and wants to live with him. The girl has stated her age to be 17 years. The court has assessed her age as 16 years. There is no specific allegation of overt act against these petitioners in statement of victim girl recorded under Section 164 of Cr.P.C.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.62340 of 2017 (2) dt.20-12-2017 2/2 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 Parihar P.S. Case No. 172 of 2017 to the satisfaction of learned C.J.M., Sitamarhi 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.