Chameli Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44414 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- NARHAT District- Nawada ======================================================
1. Chameli Devi, Wife of Bhagirath Prasad.
2. Bhagirath Prasad Son of Rameshwar Mahto, Both Resident of Village Dhangawan, P.S. Sitamarhi, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Prasad Singh For the Opposite Party/s :
Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Narhat ( Sitamarhi) P.S. case no. 56 of 2018 instituted for the offence under Section(s) 366 A , 354B and 506 of the Indian Penal Code and Section 8 of the POCSO Act.
In the written report, it is alleged that minor daughter of the informant got traceless. The informant learnt that she has been kidnapped by Bhanu Pratap in conspiracy with these petitioners. The victim has been recovered. She has given her statement under Section 164 Cr P.C., wherein, she has levelled specific allegation against co- accused Bhanu Pratap of taking her to different places and also committing illegal act with her. Petitioners are said to be the father and mother of said Bhanu
Patna High Court Cr.Misc. No.44414 of 2018(5) dt.16-08-2018 2/2 Pratap.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Narhat ( Sitamarhi) P.S. case no. 56 of 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 Additional District Judge 1st, Nawada, subject to the conditions as laid down under Section 438(2) 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.