Ravindra Thakur @ Ravindra Kumar Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47932 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -NIRMALI District- SUPAUL ======================================================
1. Ravindra Thakur @ Ravindra Kumar Thakur, son of Sri Devendra Thakur @ Dhanshis Thakur, resident of village- Harraha (Hariraha) Rustampur, P.O.- Belahi, P.S.- Laukhi, District- Madhubani.
2. Santosh Thakur, son of late Lal Bahadur Thakur @ Lalbahadur Thakur, resident of village- Barail, P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Nirmali P.S. Case No.90 of 2017 instituted for the offence under Section(s) 366A/34 Indian Penal Code.
It is alleged in the written report that on the date of occurrence daughter of the informant along with two sons had gone for worship in Mandir (temple) and when they reached near Kali Mandir, co-accused, Mahesh Chaupal, Ram Chandra Chaupal, Dinesh Chaupal and other family members were present. It is alleged that Mahesh used to teach the daughter of the informant. It is further alleged that Mahesh has kidnapped the daughter of the informant for marriage purpose. The victim girl has given her statement under Section 164 Cr.P.C., wherein, she has stated that while returning
Patna High Court Cr.Misc. No.47932 of 2018 (2) dt.29-08-2018 2/2 to her house, four-five persons were standing with Scorpio vehicle. She identified Mahesh Chaupal and Dinesh Chaupal. She has not taken name of these petitioners.
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 Nirmali P.S. Case No.90 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 the Munsif-cum-Judicial Magistrate 1st Class, Birpur, 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 bonds 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) JA/- Rohit Kr.
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