Mithilesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40221 of 2021 Arising Out of PS. Case No.-115 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Mithilesh Ram S/o- Dilip Ram Resident of Village- Babhan Bara, P.S.- Barahariya, District- Siwan.

2.

Dilip Ram S/o- Nagina Ram Resident of Village- Babhan Bara, P.S.- Barahariya, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2021 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

Petitioners pray for grant of bail in G.B. Nagar P.S. Case No. 115 of 2017, registered for the offence under Section 363, 366 & 34 of the Indian Penal Code.

As per the prosecution case, theses petitioners abducted the daughter of the informant for the purpose of marriage.

It is submitted that petitioner no. 1 is husband of the victim girl and has solemnized marriage with her on 07.06.2017, whereas, petitioner no. 2 is father of petitioner no. 1. It is further submitted that after the marriage, two children were born, however; during birth of second child, she (victim girl) died during treatment. Petitioners are in custody since 26.02.2021.

Patna High Court CR. MISC. No.40221 of 2021(2) dt.07-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on 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 Judicial Magistrate 1st Class, Siwan in connection with G.B. Nagar P.S. Case No. 115 of 2017, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T