Kiran Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15679 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -SAHIYARA District- - ======================================================

1. Kiran Devi, Wife of Jairam Sah.

2. Rahul Kumar, Son of Jairam Sah @ Nathuni Ram, Both are resident of Village- Singrahiya, P.S.- Sahiayara, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sahiara P.S.Case no.141 of 2017 , registered for offences punishable under Sections 363, 366, 366A, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that Raushan Kumar fled away with the minor daughter of the informant and petitioners happens to mother and brother of Raushan Kumar and they are not co-operating in search of the girl. Submission of the learned counsel for the petitioners is that the main allegation is against Raushan Kumar and not against the petitioners who happens to mother and brother of Raushan Kumar and they are ready to co-operate in investigation, if they are

Patna High Court Cr.Misc. No.15679 of 2018 (3) dt.08-05-2018 2/2 granted privilege of the anticipatory bail.

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, surrender before the court below within a period of six weeks from the date of order and on their surrender they will be released 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 I/C CJM, Sitamarhi in connection with Sahiyara P.S.Case No.141 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. 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 petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T