Krishnandan Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14736 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Krishnandan Rai, S/o Kari Rai,

2. Usha Devi, W/o Krishnandan Rai,

3. Lal Babu Rai, S/o Shivji Rai,

4. Asha Kumari, D/o Late Ghana Rai, all r/o village- Hariharpur, P.S.- Bathnaha, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 10-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bajpatti P.S. Case No.303 of 2017 instituted for the offence under Section(s) 363, 366-A, 341, 323/34 Indian Penal Code.

In the written report, it is alleged that daughter of the informant has been kidnapped by the accused persons as named in the written report.

The victim girl after recovery has given statement under Section 164 Cr. P. C., which is enclosed as Annexure-2, wherein, she has stated that she has voluntarily married with Nawal Rai in Purauna Dham Mandir and she has not been kidnapped.

Patna High Court Cr.Misc. No.14736 of 2018 (3) dt.10-05-2018 2/2 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 Bajpatti P.S. Case No.303 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 SubDivisional Judicial Magistrate, Pupri at Sitamarhi, 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/- U T