Pramod Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33937 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================
1. Pramod Kumar Yadav, son of Kaleshwar Yadav,
2. Kaleshwar Yadav, son of late Shukar Yadav, &
3. Pancha Devi @ Pachawa Devi @ Pachiya Devi, w/o Kaleshwar Yadav, all r/o village-Karahara, P.S.-Jhajha, District- Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amar Prakash, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Jhajha P.S. Case No.212 of 2016 instituted for the offence under Section(s) 147, 148, 149, 379, 364-A/34 Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that the petitioners are the brother, father and mother respectively of co-accused- Santosh Kumar Yadav. There is allegation that co-accused, Santosh Yadav, and other accused persons kidnapped the daughter of the informant, who had gone to attend the call of nature. Statement of the victim girl has been recorded under Section 164 Cr. P. C., which has been annexed as Anenxure-3,
Patna High Court Cr.Misc. No.33937 of 2017 (2) dt.20-07-2017 2/2 wherein, she has stated that she has married with Santosh Kumar Yadav. She has stated her age as 21years.
In the facts and circumstances of the case, prayer of 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 Jhajha P.S. Case No.212 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui, 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 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.