Rambali Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33510 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- NARHAT District- Nawada ====================================================== Rambali Rajvanshi, S/o Yamuna Rajvanshi @ Yamuna Ram, R/o Vill./Mohalla- Bajitpur, P.S.- Narhat, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Narhat P.S. Case No. 75 of 2018, instituted for the offence under Sections 366 of the Indian Penal Code.

In the written report it is alleged that wife of the informant has gone out of the house without informing the informant and did not return. The informant learnt during search that this petitioner has taken his wife. Case diary has been received.

Learned APP for the State submits that one of the son of the victim lady has stated in paragraph 13 of the case diary that this petitioner always used to visit his house and victim has gone with this petitioner.

Learned counsel for the petitioner submits that victim lady is a major and mother of four children. It is mentioned in

Patna High Court Cr.Misc. No.33510 of 2018(3) dt.23-08-2018 2/2 paragraph 13 of the case diary that the victim has gone voluntarily with this petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Narhat P.S. Case No. 75 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate- V, Nawada, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers 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 petitioner.