Surendra Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32389 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Surendra Rai, Son of Jagarnath Rai.
Resident of Village-Basdeopatti, P.S.-Saraiya, District-Muzaffarpur.
2. Manju Devi, Wife of Kishore Rai.
Resident of Village-Basra, P.S. and District-Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Narsingh Tanti (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Vaishali P.S. Case No. 84 of 2015, disclosing offences under Sections 363, 364 and 366(A)/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners contends that as per the First Information Report,
Patna High Court Cr.Misc. No.32389 of 2015 (2) dt.13-08-2015 2/3 the occurrence had taken place on 17/03/2015 to which one Rameshwar Rai was an eye-witness. The First Information Report came to be instituted on 22/03/2015. He submits that the persecution case, as alleged in the First Information Report, is not believable and adds that had said Rameshwar Rai at all seen the occurrence, he could have informed the police immediately thereafter, keeping in view the seriousness of the offence.
I find force in the submission made on behalf of the petitioners. Accordingly, this application for anticipatory bail is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 84 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of
Patna High Court Cr.Misc. No.32389 of 2015 (2) dt.13-08-2015 3/3 failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T