Rukmini Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52098 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rukmini Devi Wife of Rajeev Kumar @ Mannu Mahto.

2. Sukriti @ Supriti Kumari Daughter of Rajiv Kumar @ Mannu Mahto. Both Resident of Village-Hardas Bigha, P.S.-Fatuha, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Learned counsel for the petitioners seeks permission for correction in the prayer portion of the petition. Prayer is allowed to make correction in the prayer portion of the bail petition during course of day. Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Ariyari (Kasar) P.S. Case No. 101/2017 instituted for the offences under Sections 363/366(A), 372/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is no any overt act against these petitioners. The victim has been recovered and made statement under Section 164 of the Cr.P.C., wherein, she has stated that Anjesh Kumar had kidnapped

Patna High Court Cr.Misc. No.52098 of 2017 (2) dt.09-11-2017 2/2 her. The petitioners are mother and sister of Anjesh Kumar. Considering the facts and circumstances of the case, the 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 Ariyari (Kasar) P.S. Case No. 101/2017, 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 the learned 1st Additional District & Sessions Judge, Sheikhpura, subject to the conditions as laid down under Section 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.)