Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38780 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Shanti Devi, W/o Sunil Ram,

2. Sunil Ram, S/o Bindeshwar Ram, both residents of village- Samachak, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Barbigha (Mission OP) P.S. Case No.136 of 2018 (POCSO Case NO.19 of 2018) instituted for the offence under Section(s) 363, 366A/34 Indian Penal Code and Section 8 of the POCSO Act, 2012. Counsel for the petitioners submits that petitioners are mother and father of main accused-Suraj Kumar. In the written report, informant has leveled specific allegation against Suraj Kumar of kidnapping his minor daughter. The victim has given statement under Section 164 Cr.P.C., which is annexed as Annexure-2, wherein, she has levelled specific allegation against Suraj Kumar. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.38780 of 2018 (3) dt.25-07-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Barbigha (Mission OP) P.S. Case No.136 of 2018 (POCSO Case NO.19 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 the 1st Additional Sessions Judge, Sheikhpura, 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 bonds 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.