Motilal Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38230 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Motilal Rai son of Late Bhola Rai

2. Sarita Devi wife of Pappu Kumar

3. Pappu Kumar son of Ramnath Rai

4. Ramha Devi @ Rambha Devi wife of Motilal Rai All residents of Village- Bisunpur, P.S.- Kotwa, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-09-2016 Heard Sri Umesh Chandra Verma, learned counsel for the petitioners and Sri Binod Kumar no.3, learned Addl. Public Prosecutor.

Four petitioners, apprehending their arrest in Kotwa P.S. Case No.45 of 2015 registered for the offence under Sections 363, 366A, 372, 387, 120B/34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of the Children from Sexual Offences Act, have prayed for grant of anticipatory bail, primarily on the ground that one of the co-accused, namely, Dukhit Das having similar accusation, has been extended the privilege of anticipatory bail by a Bench of this Court vide order dated

Patna High Court Cr.Misc. No.38230 of 2016 (2) dt.16-09-2016 2/3 18.04.2016 passed in Cr.Misc.No.14083 of 2016. Learned counsel for the petitioners submits that in the entire complaint petition, there is accusation against accused nos.1, 6 and 8. He submits that save and except arraying petitioners as accused in the complaint case, which was referred to register F.I.R., there is no other material to connect the petitioners.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. He submits that till date, the victim has not been recovered.

However, considering the fact that one of the accused, namely, Dukhit Das having similar accusation has been extended the privilege of anticipatory bail by a Bench of this Court, the Court is of the opinion that the petitioners may not be denied the same relief. Accordingly, let the aforesaid four petitioners, namely, (i) Motilal Rai (ii) Sarita Devi (iii) Pappu Kumar and (iv) Ramha Devi @ Rambha Devi, in the event of their arrest or surrender within six weeks from today, 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 1st Addl. Sessions Judge, East Champaran at Motihari in connection with Kotwa P.S. Case No.45/2015, subject to

Patna High Court Cr.Misc. No.38230 of 2016 (2) dt.16-09-2016 3/3 conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T