Bihari Dhobi @ Sabir Husain @ Sagir Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30043 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Bihari Dhobi @ Sabir Husain @ Sagir Husain S/o Budhu Dhobi Resident of Village-Siswaniya, Police Station-Thakraha, District-West Champaran. 2.

Samsuddin Dhobi @ Sahabuddin Dhobi @ Katlu Dhobi S/o Junab Dhobi Resident of Village-Siswaniya, Police Station-Thakraha, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

11-01-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioner seeks bail in Thakraha P.S. Case No. 20 of 2020, registered for the offence punishable under Sections 363, 366(A), 120(B)/34 of the Indian Penal Code. It is submitted on behalf of petitioners that petitioner no. 1 is co-villager and petitioner no. 2 is father of co-accused Allauddin Dhobi. It is further submitted that the victim, in her statement recorded under Section 164 of the Cr.P.C., has stated that she was in love affairs with co-accused Allauddin Dhobi and has solemnised marriage with him. The age of the victim has been assessed to be 19 years. Petitioners are in custody since 23-02-2020, having no criminal antecedent, as stated in

Patna High Court CR. MISC. No.30043 of 2020(3) dt.11-01-2021 2/2 paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. Let the petitioners, as named above, 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 Addl. Chief Judicial Magistrate, Bagaha, West Champaran in connection with Thakraha P.S. Case No. 20 of 2020, 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 and shall remain physically present, as directed by the Court 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