Awadhesh Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12643 of 2018 Arising Out of PS.Case No. -345 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Awadhesh Paswan, S/o Bhagirath Paswan @ Bhagirathi Manjhi,
2. Kishori Devi, W/o Awadhesh Paswan,
3. Bimlesh Paswan, S/o Awadhesh Paswan,
4. Archana Devi, W/o Bimlesh Paswan,
5. Rakesh Kumar, S/o Awadhesh Paswan,
6. Anjali Kumari, D/o Awadhesh Paswan, All are r/o Village- Thakur Tola, P.S.- Lauria, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Lauriya P.S. Case No. 345 of 2017 instituted for the offence under Sections 366(A) and 365/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that victim girl has performed marriage with Munna Kumar as she was in love affairs with him. It has further been submitted that petitioners are family members of Munna Kumar.
Case diary has been received.
The statement of the victim girl recorded under Section 164 Cr. P.C. is available in paragraph 90 of the case diary wherein she
Patna High Court Cr.Misc. No.12643 of 2018 (3) dt.25-06-2018 2/2 has specifically stated that she was in love with Munna Kumar and performed marriage with him. She had voluntarily gone with Munna Kumar.
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 Lauriya P.S. Case No. 345 of 2017, 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 Additional Chief Judicial Magistrate, 1st, Bettiah, West Champaran, 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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