Ram Taleshwar Devi @ Ram Talwar Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51330 of 2017 Arising Out of PS.Case No. -251 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Ram Taleshwar Devi @ Ram Talwar Devi, W/o Ram Ratan Yadav,

2. Rakesh Kumar @ Rakesh Yadav, S/o Ram Ratan Yadav, All R/o Village- Chak Mahuli, P.S.- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate. For the Opposite Party/s : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Patori P.S. Case No. 251 of 2017 instituted for the offence under Sections 363, 366 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the victim girl on her recovery has given statement under Section 164 Cr. P.C.

Case diary has been received.

The victim girl after recovery has given statement under Section 164 Cr. P.C., which is available in the case diary wherein she has not taken the name of this petitioner. In the written report mere suspicion has been raised

Patna High Court Cr.Misc. No.51330 of 2017 (3) dt.01-12-2017 2/2 against this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Patori P.S. Case No. 251 of 2017, 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 learned Chief Judicial Magistrate, Samastipur, 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.

(Sanjay Priya, J) S.Ali/- U T