Moharam Darji And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41293 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Moharam Darji, S/o Vahab Darji,

2. Nawsad Darji @ Nausad Darji, S/o Vahab Darji,

3. Vahab Darji, S/o Shahjad Darji,

4. Bakridan Bibi, W/o Vahab Darji,

5. Tamanna, D/o Vahab Darji, All R/o Vill.- Ahirauli, P.S.- Buxar (Industrial), District- Buxar (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Upadhyay, Advocate Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Buxar (Industrial) P.S. Case No.57 of 2018 instituted for the offence under Section(s) 363 and 366(A)/34 Indian Penal Code. Learned counsel for the petitioners submits that victim girl has given statement under Section 164 Cr.P.C. stating therein that she has gone voluntarily with Sultan Darji. She wants to marry Sultan Darjee. She lived with Sultan Darji in Chandigarh for one month.

There is no allegation levelled by the victim girl

Patna High Court Cr.Misc. No.41293 of 2018 (2) dt.18-07-2018 2/2 against the petitioners in her statement recorded under Section 164 Cr.P.C.

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 Buxar (Industrial) P.S. Case No.57 of 2018, 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, Buxar, 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/- Rohit Kr.

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