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Patna High CourtCR. MISC./41016/2017bail granted

Renu Devi And ORS v. The State Of Bihar

2018-01-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41016 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Renu Devi, W/o Sri Dharmendra Singh

2. Sanju Devi, W/o Sri Munna Singh

3. Dharmendra Singh, S/o Late Rameshwar Singh, All are R/o Village - Baduan, P.S. - Raghunathpur, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Raghunathpur P.S. Case No. 118 of 2017 instituted for the offence under Sections 363,365/34 of the IPC.

Learned counsel for the petitioners has submitted that there is specific allegation against one Kamini Kumari who took away the daughter of the informant Priya Kumari aged about 22 years from the house and she did not return. It has been submitted that the occurrence took place on 23.06.2017 and the case has been lodged on 01.07.2017.

The petitioners are family members of Kamini Kumari. In the written report, there is allegation against Kamini Kumari with whom daughter of the informant went to Raghunathpur Market. The informant went to enquire about her daughter from Kamini Kumari, then these petitioners

Patna High Court Cr.Misc. No.41016 of 2017 (3) dt.03-01-2018 2/2 abused and misbehaved with the informant.

Learned counsel for the informant has opposed the prayer for anticipatory bail of the petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Raghunathpur P.S. Case No. 118 of 2017 to the satisfaction of learned C.J.M., Siwan 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 dated 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 tampers 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.