Md. Afjal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36843 of 2017 Arising Out of PS.Case No. -80 Year- 2014 Thana -MUSAHRI District- MUZAFFARPUR ======================================================
1. Md. Afjal, son of Md. Iliyas, resident of village B.M.P. 6, Mohan Sahni Tola, P.S. Mithanpura, District - Muzaffarpur,
2. Md. Anwar, son of late Md. Sakur,
3. Md. Phool Babu @ Phool Babu, son of late Md. Sakur, both are resident of village - Manika Harikesh, P.S. Mushahari, District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Mushahari P.S. Case No.80 of 2014 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code.
It has been submitted that trial of other accused persons, who were apprehended, is proceeding in which victim has appeared and given her evidence, wherein, she has not taken name of the petitioners. Copy of the deposition of the victim before the Court below is annexed as Annexure-3. It has further been submitted that statement of the victim girl was recorded under Section 164 Cr. P.C., wherein, she has nowhere leveled any specific allegation against these petitioners. She has stated
Patna High Court Cr.Misc. No.36843 of 2017 (3) dt.06-10-2017 2/2 that no one has committed illegal act with her and none has physically assaulted her.
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 Mushahari P.S. Case No.80 of 2014, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, 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) JA/- U T