Ramesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52909 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Ramesh Sah Son of Late Bhola Sah,
2. Geeta devi Wife of Ramesh Sah,
3. Rahul Kumar, Son of Ramesh Sah, All are Resident of Village-Pariyahi, Police Station Chhatapur, District-Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Supaul Mahila P.S. Case No. 92 of 2017 instituted for the offence under Sections 376,493,323,504,506,34 and 313 of the IPC and Sections 4 and 6 of the POCSO Act and Sections 30(a) (c) of the Bihar Prohibition Excise Act, 2016.
It has been submitted on behalf of the petitioners that there is specific allegation of committing illegal act against one of the co-accused Pinku Kumar and these petitioners are family members of the Pinku Kumar.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the
Patna High Court Cr.Misc. No.52909 of 2017 (3) dt.14-11-2017 2/2 event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount in connection with Supaul Mahila P.S. Case No. 92 of 2017 to the satisfaction of learned Additional District Judge-II, Supaul subject to condition as laid down u/S 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 bonds of the petitioners and (3) if the 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) khushbu/- U T