Patna High CourtCR. MISC./35939/2017bail granted

Awadhesh Rai And ORS v. The State Of Bihar

2017-08-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35939 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Awadhesh Rai Son of Late Ram Ratan Rai.

2. Sanjeev Rai @ Sanjeev Kumar Son of Mohan Rai,

3. Mukesh Kumar Chaudhary Son of Amresh Choudhary, All R/o VillageNeemchak, P.S.- Chakmehsi, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 354D/34 of the Indian Penal Code and Section 4/8 of the POCSO Act, 2012.

According to F.I.R. allegation of having caught the hand of the informant as well as of dragging her towards the maize field is against co-accused Javed Akhtar. The said Javed Akhtar has already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.27415 of 2017 vide Annexure-2. Allegation against the petitioners is that they were

Patna High Court Cr.Misc. No.35939 of 2017 (2) dt.10-08-2017 P2/ laughing at the said time.

Considering the nature of allegation and the facts of grant of anticipatory bail to the co-accused, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge-cumAdditional Sessions Judge-I, Samastipur/successor Court in connection with Kalyanpur Police Station Case No. 54 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T