Arvind Sardar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44936 of 2018 Arising Out of PS.Case No. -347 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Arvind Sardar, S/o Sikandar Sardar @ Sikendra Sardar,
2. Sikandar Sardar @ Sikendra Sardar, S/o Late Bindeshwar Sardar, Both are R/o Vill.- Lalganj Tilathi, P.S.- Chhatapur, Distt.- Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Goutam, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chhatapur P.S. Case No. 34 of 2017 instituted for the offence under Sections 341, 323, 365, 384, 504 and 506 of the Indian Penal Code. Counsel for the petitioners submits that the victim boy himself appeared before the court below and has given statement under Section 164 Cr. P.C. which has been enclosed as Annexure2. The victim boy in his statement recorded under Section 164 Cr. P.C. has stated that there was some dispute with this petitioner with regard to money.
The instant case has been filed by mother of the victim boy just to pressurize the petitioner. In the written report it is alleged that son of the
Patna High Court Cr.Misc. No.44936 of 2018 (2) dt.08-08-2018 2/2 informant was taken away by the petitioners about 5 1⁄2 years back to Punjab to earn his livelihood.
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 Chhatapur P.S. Case No. 34 of 2017, 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 Additional Chief Judicial Magistrate-IV, Supaul, 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.Ali/- U T