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Patna High CourtCR. MISC./49667/2018bail granted

Babu Ram Chaudhary And ORS v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49667 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- MAHILA P.S. District- Bhojpur ======================================================

1. Babu Ram Chaudhary, S/o Jay Ram Chaudhary,

2. Poonam Devi W/o Babu Ram Chaudhary,

3. Sanni Chaudhary S/o Babu Ram Chaudhary, All Residents of Moh.- Begumpur, P.S.- Ara Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Naushad For the Opposite Party/s :

Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376(2)(i)/323/34 of the Indian Penal Code and section 6 of the POCSO Act.

The allegation of kidnapping and commission of rape is against the co-accused Sanjiv Chaudhary. In the subsequent act when the informant and other family members made complaint about Sanjiv Chaudhary, the petitioners allegedly hurled abuses and assaulted the victims.

Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or

Patna High Court Cr.Misc. No.49667 of 2018(2) dt.01-10-2018 2/2 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) each, with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending in connection with Mahila P.S. Case No. 89 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) HR/- U T