Lila Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71592 of 2018 Arising Out of PS. Case No.-155 Year-2016 Thana- LAKHNAUR District- Madhubani ======================================================
1. Lila Kumari Wife of Radhe Shyam Mochi,
2. Radhey Shyam Mochi Son of Late Kishun Mochi, Both are Village-Deodha, P.S. Ghoghardiha, District-Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav For the Opposite Party/s :
Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2018 Heard the parties.
The petitioners seek regular bail in connection with Lakhnaur (R.S.O.P.) P.S.Case no.155 of 2016 dad 21.8.2018 registered for offences punishable under Section 370(4) of the Indian Penal Code.
Allegation against the petitioners as per FIR is that the son of the informant who is kid was stolen by an unknown lady and later on that unknown lady was arrested and she confessed that she sold the boy to the petitioners as they have no sons. Submission of the learned counsel for the petitioners is that the petitioners have got the boys on the road and the age of the boy is four years whereas even according to the FIR the stolen boy is aged about 2 1⁄2 years as such the petitioners have been falsely implicated in this case and they are government
Patna High Court Cr.Misc. No.71592 of 2018(2) dt.10-12-2018 2/2 servant and they are in custody since 10.9.2018. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Ist Jhanjhapur, Madhubani in connection with Lakhnaur (R.S.O.P.) P.S.Case nO.155 of 2016 dated 21.8.2016..
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T