Kallu Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.51673 of 2017 (2) dt.08-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51673 of 2017 Arising Out of PS.Case No. -199 Year- 2017 Thana -JAKKANPUR District- PATNA ======================================================
1. Kallu Yadav, S/o Darshan Yadav,
2. Kiran Devi, W/o Darshan Yadav, Both R/o Moh.- Karmangal Gali Near Pani Tanki, P.S.- Khajekalan, Distt.- Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Adv. For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Jakkanpur P.S. Case No. 199/2017 instituted for the offence under Sections 366, 363, 379 and 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that there is allegation that co-accused Kundan Yadav @ Sonu Yadav along with these petitioners have kidnapped the wife of the informant with intention to marry. The victim girl has been recovered and she has given her statement under Section 164 Cr.P.C. wherein it has been stated that her parents got her married with the informant, but she is not happy with him. She voluntarily married with Kundan Yadav @ Sonu Yadav in a temple and living with him since 01.07.2017. Petitioners are brother and mother of
Patna High Court Cr.Misc. No.51673 of 2017 (2) dt.08-11-2017 Sonu Yadav.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners are allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Jakkanpur P.S. Case No. 199/2017, they shall be enlarged 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 the learned Additional Chief Judicial Magistrate I, Patna, subject to the conditions as laid down under Section 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) Vinita/- U T