Jitendra Murmu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45271 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -RANIGANJ District- ARRARIA ======================================================

1. Jitendra Murmu, son of Anuplal Murmu.

2. Anuplal Murmu, son of Late Doman Murmu.

3. Sona Devi, wife of Anuplal Murmu.

All are resident of Village- Damaili Amnaha, P.S.- Mirganj, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Raniganj P.S. Case No.08 of 2018 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.

Counsel for the petitioners has submitted that victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that she was not kidnapped by anybody. She has voluntarily gone to her house.

In the written report it is alleged that daughter of the informant was enticed away by petitioner No.1 and when the informant went to the house of petitioners to enquire about the matter from petitioner Nos. 2 and 3, the informant was forced to leave the house. The victim girl has given statement under Section 164 Cr. P.C. (Annexure-3) wherein she has specifically stated that she had gone to

Patna High Court Cr.Misc. No.45271 of 2018 (2) dt.09-08-2018 2/2 her parental house voluntarily.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Raniganj P.S. Case No.08 of 2018, they shall be released on anticipatory 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 Sub-Divisional Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- Rohit Kr.

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