Manju Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51025 of 2018 Arising Out of PS.Case No. -689 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Manju Devi W/o Raushan Thakur

2. Kishan Thakur Son of Hari thakur Both Residents of Village- Gaghrijor Police Station- Katoria, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. P.Kumar. For the Opposite Party/s : Mr.K.Anwar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioners seek pre-arrest bail in Banka P.S.Case No.689 of 2016 registered for the offence under Sections 364 /34 of Indian Penal Code.

Allegation against the other co-accused is of taking the son of the informant and the petitioners are also said to have assisted them.

Submission of the learned counsel for the petitioners is that other co-accused who are named in the F.I.R. have been acquitted and some co-accused have been granted regular bail but the investigation against the petitioners were kept pending. Petitioner no.1 has been made accused in the F.I.R. on the basis of suspicion. Petitioner no.2 is not named in the F.I.R. None has seen

Patna High Court Cr.Misc. No.51025 of 2018 (2) dt.04-09-2018 2/2 the victim boy in the company of the petitioners.They have got no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in Banka P.S.Case No.689 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U