Dhiraj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11631 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Dhiraj Kumar, S/o Late Kaleshwar Ram,

2. Manju Devi, W/o Late Kalwshwar Ram, Both R/o Mohalla- Kali Asthan, Ward No. 9, P.S.- Phulwariya, Distt.- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kaushal Kishor, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Phulwariya P.S. Case No. 96 of 2017 instituted for the offence under Sections 363, 366 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that in the written report the informant has raised suspicion against co-accused Mohan Kumar of kidnapping his minor daughter. The informant has named these petitioners in the First Information Report of hatching conspiracy with co-accused Mohan Kumar.

Case diary has been received.

Learned A.P.P. after perusing the case diary has submitted that there is no specific allegation against the petitioners. In the case diary mere suspicion has been raised against the petitioners.

Patna High Court Cr.Misc. No.11631 of 2018 (4) dt.19-04-2018 2/2 Considering the facts and circumstances of the case, 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 Phulwariya P.S. Case No. 96 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 learned Chief Judicial Magistrate, Begusarai, 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 bond 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) S.Ali/- U T