Patna High CourtCR. MISC./74356/2018allowed

Nand Kishor Ram And ORS v. The State Of Bihar

2018-12-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74356 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- MASHRAK District- Saran ======================================================

1. Nand Kishor Ram Son of Late Swaroop Ram,

2. Shobha Devi Wife of Nand Kishor Ram.

3. Beauty Kumari D/o Nand Kishor Ram, Resident of Village- Mahesh Chapra, Police Station-Mashrakh, District-Chapra, Saran (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Masrakh PS Case No. 97 of 2018 for the alleged offence under Sections 341, 323, 504, 506, 376/34 of the Indian Penal Code and Section 3/ 4 of the POCSO Act.

Learned counsel representing the petitioners submits that in the instant case allegation was levelled against the son of the petitioner no.1, namely Jaiki Kumar, who was arrested and subsequently granted regular bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 35986 of 2018 vide order dated 18.08.2018.

Referring to the prosecution case, it appears that there is no role attributed to these petitioners who are father, mother

Patna High Court Cr.Misc. No.74356 of 2018(2) dt.20-12-2018 2/2 and sister of the main accused Jaiki Kumar.

Considering the fact that regular bail has been granted by a Co-ordinate Bench of this Court to the main accused and that there is no specific allegation against the petitioners, this application is allowed.

In the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioners above named are directed to be released on 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 1st Additional Sessions Judge, Saran at Chapra in connection with Masrakh PS Case No. 97 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also on the condition that neighbours of the petitioners should be the bailors.

(Anil Kumar Upadhyay, J) mrl./- U T