Bina Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1361 of 2018 Arising Out of PS.Case No. -184 Year- 2015 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Bina Devi, Wife of Khalat Mahto,
2. Poonam Kumari, Daughter of Khalat Mahto,
3. Khalat Mahto, Son of Late Narayan Mahto, All resident of Village- Badhkurwa, Police Station- Cheria, Bariyarpur, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Cheria Bariyarpur P.S. Case No. 184 of 2015 instituted for the offence under Sections 366, 366(A) and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that victim girl in her statement under Section 164 Cr. P.C. has clearly stated that Sanjay Kumar and Ashok Kumar have taken her to house of their Mausi on Motorcycle. These petitioners are father, mother and sister of Sanjay Kumar Mahto.
Learned counsel for the Informant has appeared and submitted that compromise has taken place between the parties and a copy of compromise petition has been enclosed as
Patna High Court Cr.Misc. No.1361 of 2018 (3) dt.19-01-2018 2/2 Annexure-3.
Considering the facts and circumstances of the case, 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 Cheria Bariyarpur P.S. Case No. 184 of 2015, 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 learned Special Judge, S/C and S/T (P.O.A.), Begusarai, 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 bond 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) S.