Archana Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16967 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -SONO District- JAMUI ======================================================
1. Archana Devi Wife of Sanjay Kumar Tiwary
2. Sanjay Kumar Tiwary Son of Late Rajendra Tiwary Residents of Village - Dumri, P.S. - Sono, District - Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate, For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-06-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Sono P.S. Case No.115 of 2016 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.
As per allegation in the written report, these petitioners along with Nishant Tiwari kidnapped the daughter of the informant.
Counsel for the petitioner has submitted that daughter of the informant had love affair with son of these petitioners, namely, Nishant Tiwari. It has further been submitted that the occurrence took place on 05.08.2016, whereas, the case was lodged on 07.08.2016 after delay of two days. Petitioners are
Patna High Court Cr.Misc. No.16967 of 2017 (3) dt.28-06-2017 2/2 the parents of Nishant Tiwari.
In the facts and circumstances of the case, prayer of 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 Sono P.S. Case No.115 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Jamui, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.