Rani Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43964 of 2018 Arising Out of PS.Case No. -236 Year- 2018 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rani Devi, W/o Ramu Ram @ Shambhu Rai,

2. Ramu Ram @ Shambhu Rai S/o Late Rameshwar Ram, Both R/o Vill.- Belisarai, P.S.- Nagar (Motihari), District- East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Motihari Town P.S. Case No. 236/2018, instituted for the offences under Sections 366(A), 368 and 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the victim girl, in her statement recorded under Section 164 of the Cr.P.C., has not taken the name of the petitioners. The court has assessed the age of the victim girl to be 18 years. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.43964 of 2018 (2) dt.23-07-2018 2/2 six weeks from today, in connection with Motihari Town P.S. Case No. 236/2018, 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 learned Chief Judicial Magistrate, East Champaran, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.) Rakhi U T