Patna High CourtCR. MISC./45348/2016bail granted

Asha Devi And ANR v. The State Of Bihar

2016-12-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45348 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BANGAON District- SAHARSA ======================================================

1. Asha Devi W/o Late Jaidev Sah

2. Sanjeev Kumar S/o Birendra Sah Both are residents of village - Balhadih, P.S. - Bangaon, Dist. - Saharsa.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Goutam For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 363, 366A and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that so far these two petitioners are concerned, final form has been submitted by the police finding the case not true as contained in Annexure-2 to this petition. However, the learned Magistrate has taken cognizance against the petitioners. It has further been submitted on behalf of the petitioners that the statement of girl was also recorded under section 164 of the Code of Criminal Procedure in which she has not named these two petitioners.

Patna High Court Cr.Misc. No.45348 of 2016 (2) dt.15-12-2016 Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Saharsa in connection with Bangaon P.S. Case No. 18 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case.

(Vinod Kumar Sinha, J) A.I./- U T