Amarjeet Kumar @ Amarjeet Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38548 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -LODIPUR District- BHAGALPUR ======================================================
1. Amarjeet Kumar @ Amarjeet Das, son of Munilal Das @ Munnilal Das.
2. Munilal Das @ Munnilal Das, son of late Somer Das Both are resident of Mohalla Lalu Chak, Angari, Abhilasha Bhawan Road, P.S. Lodipur, Distt. Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioner seeks permission to withdraw the prayer for anticipatory bail against petitioner No. 1. Prayer for anticipatory bail of the petitioner No. 1 is dismissed as withdrawn.
The petitioner No. 2 apprehends his arrest in Lodipur P.S. Case No. 56 of 2017 instituted for the offence under Sections 363, 364 and 365/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that victim boy has been recovered and he has given statement under Section 164 Cr. P.C. wherein he has not leveled any allegation of specific overt act against the petitioner. He has stated that he had gone with the friend of Amarjeet Das. It has further been submitted that
Patna High Court Cr.Misc. No.38548 of 2017 (3) dt.06-09-2017 2/2 petitioner No. 2 is father of Amarjeet.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Lodipur P.S. Case No. 56 of 2017, 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 Additional Chief Judicial Magistrate-IV, Bhagalpur, 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) petitioner 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 petitioner and (3) if 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.
(Sanjay Priya, J) S.Ali/- U T