Bittu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37690 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Bittu Kumar,

2. Sittu Kumar, both sons of Sudhir Kumar, R/o Vill.- Kamta, P.S.- Sheikhpura (Hatiyama), District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sheikhpura (Hathiyama) P.S. Case No.197 of 2018 instituted for the offence under Section(s) 363 and 366/34 Indian Penal Code. Counsel for the petitioners submit that main allegation in the written report is against Avinash Kumar @ Bittu. The petitioners are alleged to have helped Avinash Kumar @ Bittu in kidnapping the girl. Victim girl has given her statement under Section(s) 164 Cr.P.C. which is annexed as Annexure-2, in which she has levelled specific allegation against Avinash Kumar of confining her in room and forcing her to marry.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.37690 of 2018 (4) dt.31-07-2018 2/2 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 Sheikhpura (Hathiyama) P.S. Case No.197 of 2018, 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 Chief Judicial Magistrate, Sheikhpura, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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/- Rohit Kr.

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