Raja Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17140 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raja Sah, son of Prabhu Sah.

2. Pardeshi Ram, son of Bunel Ram.

Both are resident of Pokhara Chawk, Narkatiyaganj, P.S. Shikarpur, Dist. West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking bail in connection with Shikarpur P.S. Case No. 99 of 2016 registered for offences under sections 341, 323, 307/34 of the Indian Penal Code, Sections 8 & 10 of the Protection of Children from Sexual Offences Act and Section 27 of the Arms Act.

An allegation has been made of misbehaving and showing indecent behavior with a girl of minor age. Learned counsel for the petitioners submits that both the parties have settled their dispute out side the Court and so much so that the petitioners have been languishing in judicial custody since 4.3.2016 and, thus, have completed six months of

Patna High Court Cr.Misc. No.17140 of 2016 (5) dt.08-09-2016 custody.

Looking to the period of custody as also the facts and circumstances of the case, let the petitioners, namely, Raja Sah and Pardeshi Ram, be released on 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 Additional District and Sessions Judge 1st cum Special Judge, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 99 of 2016 subject to a condition that one of the bailors shall be parents of the petitioners. It is, however, made clear that repeating of the same offence by the petitioners after their release on bail, the prosecution will be at liberty to file application for cancellation of the bail granted to the petitioners.

(Shivaji Pandey, J) Rishi/- U T