Raj Kumari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4405 of 2017 Arising Out of PS.Case No. -99 Year- 2014 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Raj Kumari Devi, Wife of Gopi Poddar
2. Gopi Poddar, Son of Ram Chandra Poddar
3. Ajay Poddar, Son of Gopi Poddar Resident of Village- Ujiyarpur, P.S.-Ujiyarpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 365, 366 and 34 of the Indian Penal Code.
It has been submitted that there is no allegation of any overt act against the petitioners. The statement of victim girl was recorded under Section 164 Cr. P.C. The petitioner No. 2 is Mama and petitioner No. 1 is mami of the informant whereas petitioner No. 3 is maternal brother of the informant. It has further been submitted that co-accused Vijay Kumar against whom the girl has leveled allegation in her statement under Section 164 Cr. P.C., has
Patna High Court Cr.Misc. No.4405 of 2017 (2) dt.13-02-2017 2/2 already been granted bail by a coordinate Bench of this Court vide order dated 13.12.2016 passed in Cr. Misc. 42904 of 2016. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Khagaria P.S. Case No. 99 of 2014, shall 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 learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T