Patna High CourtCR. MISC./52039/2017bail granted

Suman Kumar And ANR v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52039 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -BANSHI District- JEHANABAD ======================================================

1. Suman Kumar Son of Sanjay Kumar Roy

2. Amrit Raj Son of Shailesh Kumar Munna Both Resident of VillageSonbhadra, Police Station-Banshi, District-Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Banshi P.S. Case No. 33/2017 instituted for the offences under Sections 366/366(A)/368/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is specific allegation against co-accused Guddu Kumar of taking the daughter of the informant. There is only allegation against the petitioners that they were seen with Guddu Kumar. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Banshi P.S. Case No. 33/2017,

Patna High Court Cr.Misc. No.52039 of 2017 (2) dt.09-11-2017 2/2 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 the learned Additional Chief Judicial Magistrate, Arwal, 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.) Rakhi U T