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Patna High CourtCR. MISC./51074/2016bail granted

Chandra Kishor Mistri And ORS v. The State Of Bihar

2017-01-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51074 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Chandra Kishor Mistri S/o - Rajendra Mistri

2. Rekha Devi W/o - Chandra Kishor Mistri

3. Sunil Mistri S/o - Chandra Kishor Mistri all 1 to 3 are R/o Village - Kaithi, P.S. - Chautham, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The present application for anticipatory bail has been filed by the father, mother and younger brother of Sajjan Kumar who is the main accused in the present case.

Learned counsel for the petitioner submits that though their application for grant of anticipatory bail had earlier been rejected, but in view of the changed circumstances, the petitioner is again renewing his prayer for bail. It is submitted that the main accused Sajjan Kumar has since been extended the privilege of anticipatory bail vide order dated 16.09.2016 passed in A.B.A. No. 627 of 2016 by the Court of Sessions at Khagaria. It is submitted that

Patna High Court Cr.Misc. No.51074 of 2016 (2) dt.11-01-2017 P2/2 these petitioners have had no role to play but only on the previous occasion, the petitioners' prayer for anticipatory bail had been rejected as the victim girl had not been recovered till the said date. Under the aforementioned facts and circumstances and that the main accused has been extended the privilege of anticipatory bail, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, II, Khagaria in connection with Chautham Town P.S. Case No. 70 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T