Munna Patel @ Munna Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6890 of 2018 Arising Out of PS. Case No. -254 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================
1. Munna Patel @ Munna Rai, Son of Late Manjhi Rai,
2. Rajkali Devi, Wife of Late Mithu Rai, Both resident of Village- Balua, P.S.- Riga, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Amit Kumar Jha, Advocate. For the Opposite Party/s : Mr. (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for petitioners and learned counsel representing the State.
Petitioners are seeking anticipatory bail in Riga P.S. Case No. 254 of 2017 for the offences registered under Sections 363, 366-A and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioner no. 1 is the uncle of Vikash Kumar and petitioner no. 2 is the mother of the said boy who has eloped with the victim girl. It is submitted that from the statements made in the F.I.R. itself it will appear that these two petitioners have been implicated in the present case on some hearsay statements gathered by the informant that these two petitioners were saying that even if
Patna High Court Cr.Misc. No.6890 of 2018 (2) dt.17-02-2018 2/3 Vikash Kumar marries with the victim girl what will happen. It is his submission that it is a case of love affair between two minors and, so far as the present petitioners are concerned, there is no evidence at all till date to connect them with the alleged occurrence. It is also submitted that the petitioners are ready and willing to cooperate in investigation.
Learned counsel for the State is present.
Considering the facts and circumstances that these petitioners happen to be uncle and mother respectively of the boy Vikash Kumar and there is no prima facie material to connect them with the alleged occurrence at this stage, in case of their arrest or surrender in the learned court below within two weeks from today, the petitioners, named above, are directed to be released on bail on their furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, Judicial Magistrate First Class, Sitamarhi in connection with Riga P.S. Case No. 254 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and with further condition that both the petitioners shall present themselves before the Investigating Officer within a period of two weeks and shall provide all sorts of cooperation in tracing out the victim girl and the boy. If they do not cooperate in course
Patna High Court Cr.Misc. No.6890 of 2018 (2) dt.17-02-2018 3/3 of investigation, the Investigating Officer shall be at liberty to move an application for cancellation of anticipatory bail. (Rajeev Ranjan Prasad, J) Dilip, AR U T