Patna High CourtCR. MISC./24904/2018bail granted

Mahendra Bind And ANR v. The State Of Bihar

2018-05-04Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24904 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ======================================================

1. Mahendra Bind, Son of Late Jeeta Bind,

2. Sahodari Devi, Wife of Mahendra Bind, Both Resident of Village- Ledari, P.S. Chand, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend arrest in connection with Mahila (Bhabua) P.S. Case No.18 of 2018 registered for the offences under Sections 376/34 of the Indian Penal Code and Section 4 of POCSO Act.

It is alleged that the son of the petitioners used to visit at her house and he married with her. The informant went at the place of these petitioners where she was not allowed to enter into the house and thereafter the informant lodged this case. It has been submitted that the allegation of establishing physical relation is against the son of these petitioners. These petitioners are parents of Guddu Bind and so no offence under

Patna High Court Cr.Misc. No.24904 of 2018 (2) dt.04-05-2018 Section 376/34 of I.P.C. is made out.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioners, in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the likewise amount each to the satisfaction of learned Additional Sessions Judge I, Kaimur at Bhabua in connection with Mahila (Bhabua) P.S. Case No.18 of 2018, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U