Hira Bari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47618 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -BADHAILA District- SASARAM (ROHTAS) ======================================================

1. Hira Bari S/o late Jagdish Bari

2. Deepak Bari S/o Hira Bari (Petitioner No. 1)

3. Hareram Bari S/o Uday Bari All are Residents of Village- Kujhi, P.S. Baghaila, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babu Nandan Prasad For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Supplementary affidavit has been filed on behalf of the petitioners. Let the same be kept on record.

Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Baghaila P.S. Case No. 47/2018, instituted for the offences punishable under Sections 366, 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that victim girl has given her statement under Section 164 Cr.P.C., which has been enclosed as Annexure-2 to the supplementary affidavit, wherein she has stated that she had voluntarily gone to Rajsthan with Manish Kumar @ Manish Bari. It is further submitted that these petitioners are family members of aforesaid Manish Kumar @

Patna High Court Cr.Misc. No.47618 of 2018 (2) dt.18-08-2018 2/2 Manish Bari. The victim girl has not levelled any specific allegation against these petitioners.

Considering the facts and circumstances of the case, the 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 Baghaila P.S. Case No. 47/2018, 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 learned Sub-Judge IX-cum-A.C.J.M., Sasaram, Rohtas, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.)