Patna High CourtCR. MISC./46088/2018bail granted

Rajesh Singh And ORS v. The State Of Bihar

2018-08-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46088 of 2018 Arising Out of PS.Case No. -164 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Rajesh Singh,

2. Mukesh Singh Both Sons of Vijay Nath Singh, null

3. Rakesh Singh @ Rakesh Singh,

4. Sunita Kumari Both Son and Daugher of Vijay Nath Singh,

5. Rinku Devi W/o Rajesh Singh, All R/o Vill.- Bharauli, P.S.- Ander, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Hussainganj P.S. Case No. 164/2014, instituted for the offences punishable under Sections 366(A), 376, 323 and 307/34 of the Indian Penal Code read with Sections 6 and 8 of the POCSO Act. Learned counsel for the petitioners has submitted that in the written report there is specific allegation against coaccused Abhishek Kumar of taking away minor daughter of informant and also establishing physical relation. These petitioners are family members of co-accused Abhishek Kumar.

Patna High Court Cr.Misc. No.46088 of 2018 (2) dt.16-08-2018 2/2 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 six weeks from today, in connection with Hussainganj P.S. Case No. 164/2014, 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 1st Additional Sessions Judge-cum-Special Judge, Siwan, 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