Laloo @ Nitish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54578 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Laloo @ Nitish Kumar, S/o Ganga Bishu Chauhan.

2. Ajit Chauhan @ Alok Anand, S/o Sanjay Chauhan, both R/o Barhi Bigha, P.S.- Muffasil, Distt.- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Moffasil P.S. Case No. 108 of 2017 instituted for the offence under Section 363 of the Indian Penal Code.

Learned counsel for the petitioners submits that F.I.R. is against un-known. The name of the petitioners has come in the statement of victim girl as recorded under Section 164 Cr.P.C. annexed as annexure-2, wherein she has not levelled any overt act against the petitioners. In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.54578 of 2017 (3) dt.12-02-2018 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Moffasil P.S. Case No. 108 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 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 petitioner 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) sushma/- U T