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Patna High CourtCR. MISC./57592/2017bail granted

Bhanu Rai And ORS v. The State Of Bihar

2017-12-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57592 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- BHELDI District- Saran ======================================================

1. Bhanu Rai, S/o Late Mukhlal Rai,

2. Tila Devi @ Lila Devi, W/o Bhanu Rai, Both resident of Village- Beldi Bartar, P.S. Beldi, District- Saran at Chapra.

3. Bindeshwari Rai, S/o Bigu Rai, resident of Village Ladu Tola, Sariya, P.S.- Dariyapur, District Saran at Chapra.

4. Ranjit Rai @ Ranjit Kumar, S/o Lal Babu Rai,

5. Sujit Rai @ Sujit Kumar, S/o Lal Babu Rai, Both resident of Village- Mithepur, P.S. Garkha, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav For the Opposite Party/s :

Mr. AJIT KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bheldi Police Station Case No. 124 of 2017, disclosing offences under Sections 366A/34 of the Indian Penal Code. The petitioners are father, mother and distant relatives of the co-accused Dharmendra Kumar.

The allegation is that co-accused persons kidnapped the informant's daughter for her marriage with co-accused Dharmendra Kumar.

Learned Counsel appearing on behalf of the petitioners has submitted that they have been implicated in order to mount

Patna High Court Cr.Misc. No.57592 of 2017(2) dt.13-12-2017 2/2 undue pressure since the informant was also knowing that the victim might have eloped with co-accused Dharmendra Kumar. It is submitted that the petitioners' implication is malicious. Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Bhanu Rai, Tila Devi @ Lila Devi, Bindeshwari Rai, Ranjit Rai @ Ranjit Kumar and Sujit Rai @ Sujit Kumar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XII, Saran, at Chapra, in connection with Bheldi Police Station Case No. 124 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √