Shiv Chandra Singh @ Bhutkun Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47505 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Shiv Chandra Singh @ Bhutkun Singh, Son of Late Ramashish Singh,

2. Kishan Kumar Son of Shiv Chandra Singh @ Bhutkun Singh, Both R/o Village- Narsama, P.S.- Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Runisaidpur P.S. Case No. 134 of 2017 instituted for the offence under Sections-363, 366(A)/34 of the Indian Penal Code.

It has been submitted that the victim girl has been recovered. She has given statement u/S 164 of the Cr.P.C. wherein she has stated her age to be 18 years and the court below has assessed her age to be 19 years. In her statement u/S 164 of the Cr.P.C., the victim girl has stated that she has voluntarily married with Kanhaiya Kumar and no body has kidnapped her. These petitioners are father and brother of said Kanhaiya Kumar. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.47505 of 2017 (2) dt.17-10-2017 2/2 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) with two sureties of the like amount each in connection with in Runisaidpur P.S. Case No. 134 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Samastipur 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 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.

(Sanjay Priya, J) A.K.V./- U T