Bhagirath Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11830 of 2018 Arising Out of PS.Case No. -175 Year- 2017 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhagirath Ram, s/o late Fekan Ram,

2. Ranjeet Ram, s/o Bhagirath Ram, both resident of village- Barkargaon, P.S. Pakaridayal, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP For the informant : Mr. Pramod Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 04-04-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Pakaridayal P.S. Case No.175 of 2017 instituted for the offence under Section(s) 342, 323, 354, 341, 504, 352 Indian Penal Code and Section 7 & 8 of the POCSO Act.

It has been submitted that instant complaint, which was sent to P.S. under Section 156(3) Cr. P. C., was filed after six months of the date of occurrence.

There is general and omnibus allegation against the petitioners that they assaulted the informant with fists and slaps. Counsel for the informant has appeared and opposed

Patna High Court Cr.Misc. No.11830 of 2018 (3) dt.04-04-2018 2/2 the prayer for bail.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Pakaridayal P.S. Case No.175 of 2017, 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 Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T