Arun Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13327 of 2017 Arising Out of PS.Case No. -326 Year- 2016 Thana -MAHUA District- VAISHALI (HAJIPUR) ======================================================
1. Arun Ram, Son of Ram Ishwar Ram.
2. Ram Ishwar Ram, Son of Ram Nandan Ram.
3. Ratnesh Ram, Son of Sikandar Ram, All 1 to 3 are Resident of Village-Jarang Dharampur, P.S.-Vaishali O.P. Belsar, District-Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Nawal Kishsore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Mahua P.S. Case No. 326 of 2016 instituted for the offence under Sections 420, 406, 467, 468, 366A and 120(B) of the Indian Penal Code. As per allegation in the complaint petition which was sent for First Information Report under Section 156 (3) Cr. P.C. petitioner No. 1 took the informant on pretext to get her admitted in ITI course at Hajipur, but in stead, he went to Hajipur Court where petitioner Nos. 2 and 3 were present and they all got prepared a paper for marriage with petitioner No. 1.
From the narration made in the complaint petition (Annexure-2), it appears that after knowledge of complaint case No. 1793 of 2016 filed by petitioner No. 1 against father, mother and two
Patna High Court Cr.Misc. No.13327 of 2017 (3) dt.07-04-2017 2/2 brothers of complainant on 25.7.2016, the present case has been filed with intention to put pressure and save their skin. 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 Mahua P.S. Case No. 326 of 2016, 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 Chief Judicial Magistrate, Vaishali at Hajipur, 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. (Sanjay Priya, J) S.