Bhola Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37684 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhola Kumar son of Dhora Rai
2. Dhora Rai @ Dhodha Rai
3. Mukesh Kumar @ Mukesh Kumar Rai son of Rajinand Rai
4. Susindra Sahani son of Rajendra Sahani All residents of village - Jitaura Yadav Tola, P.S. - Madhuban, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2016 Heard the Counsel for the petitioners and Mr. Upendra Kumar, APP for the State.
Four petitioners herein pray for grant of anticipatory bail in Madhuban P.S. Case No 19 of 2016 registered under sections 363, 366, 366A and 34 of the Indian Penal Code. The allegation is that co-accused Jai Kishore Rai kidnapped/abducted 15 years old sister of the informant in which the petitioners herein are alleged to have cooperated. A supplementary affidavit is filed.
Learned counsel for the petitioners draws attention of the Court to the statement of the victim made under section 164 Cr.P.C., placed at Annexure-2, wherefrom it appears that she has claimed herself major and in the assessment of the learned Magistrate, she is 19 years old. The victim has stated that she on
Patna High Court Cr.Misc. No.37684 of 2016 (6) dt.15-12-2016 2/2 her own solemnized marriage with co-accused Jai Kishore Yadav and is living happily with him.
Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to 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 learned 4th Additional Chief Judicial Magistrate, East Champaran at Motihari in Madhuban P.S. Case No. 19 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T