Patna High CourtCR. MISC./46955/2017bail granted

Md. Janka @ Nawajuddin And ORS v. The State Of Bihar

2017-10-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46955 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -MAHILA P.S. District- KISANGANJ ======================================================

1. Md. Janka @ Nawajuddin son of Late Afedul

2. Halima Khatun W/o Md. Janka

3. Najrul son of Md. Janka alias Nawajuddin

4. Najrana Khatun @ Najrana D/o Md. Janka alias Nawajuddin

5. Sahra @ Sahra Khatun @ Sahara D/o Md. Janka alias Nawajuddin

6. Sayna Khatun D/o Md. Janka alias Nawajuddin All residents of Marua Toli, P.S. & District - Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kishanganj Mahila P.S. Case No. 13 of 2017 instituted for the offence under Section-376 & other minor Sections of the Indian Penal Code and 4/6 of the POCSO Act.

It has been submitted that specific allegation has been made in the written report by the informant against Md. Ibraru of committing illegal act with the informant when she has gone to attend call of nature. These petitioners are family members of Md. Ibraru. There is no any specific allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.46955 of 2017 (3) dt.13-10-2017 2/2 of their 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kishanganj Mahila P.S. Case No. 13 of 2017 to the satisfaction of Additional District & Sessions Judge-Ist-cum-Special Judge, Kishanganj 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) 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) A.K.V.