Ram Kishore Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49558 of 2014 Arising Out of PS.Case No. -107 Year- 2014 Thana -BELSAND District- SITAMARHI ======================================================

1. Ram Kishore Das Son of Bulaki Das

2. Raj Kumar Das Son of Ram Kishore Das

3. Indu Devi Wife of Ram Kishore Das All resident of village - Sauli, P.S. Tariyani, District - Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : None For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-05-2015 Nobody appears on behalf of the petitioners. Mr. Ram Chandra Singh, APP for the State is present. Three petitioners herein apprehend their arrest in connection with Belsand P.S. Case No. 107 of 2014 instituted under Sections 363, 366 and 366(a) of the Indian Penal Code. The minor daughter of the informant was kidnapped by Hari Balak Das @ Gurkan. The informant suspected hands of other family members including the petitioners herein in the commission of offence.

Learned APP points out from the case diary that the girl is still traceless. In course of investigation, materials have come disclosing hands of some family members either in commission of the crime and/or keeping the victim girl in captivity. The investigation is still going on. Regard being had to above, I am not inclined to

Patna High Court Cr.Misc. No.49558 of 2014 (3) dt.21-05-2015 2/2 extend privilege of anticipatory bail to petitioner nos. 1 and 2. Prayer is rejected.

So far petitioner no. 3 is concerned, she is lady and even according to the first information report, a distant relation of main accused, in the event of her arrest or surrender in the Court below within four weeks, she, namely, Indu Devi is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sitamarhi in Belsand P.S. Case No. 107 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T