Sitaram @ Sitaram Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50996 of 2018 Arising Out of PS.Case No. -320 Year- 2018 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sitaram @ Sitaram Ram, S/o Late Narayan Ram,

2. Birendra Ram @ Birendra Kumar S/o Sitaram Ram @ Sita Ram,

3. Ravindra Kumar Ram @ Ravindra Ram S/o Sitaram Ram @ Sita Ram,

4. Jitendra Kumar @ Jitendra Ram S/o Sitaram Ram @ Sita Ram, All Residents Vill.- Ambedkar Colony, Baswariya, P.S.- Bettiah Town, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. U.C.Verma For the Opposite Party/s : Mr.Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioners seek pre-arrest bail in Bettia Town P.S.Case No.320 of 2018 registered for the offence under Sections 363, 366 (A) of Indian Penal Code and Section 8 of the POCSO Act.

Allegation as per the F.I.R. against the petitioners is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioners is that earlier also a case was lodged against Dharmendra Ram who happens to the son of petitioner no.1, of kidnapping but the said case was resolved in panchayati and the petitioners are father and the brothers of the main accused, Dharmendra Ram that is why the petitioners have been made accused in this case. But when the

Patna High Court Cr.Misc. No.50996 of 2018 (2) dt.04-09-2018 2/3 informant came to know that the petitioners were not involved in kidnapping, she filed a petition on their behalf in the court of the Chief Judicial Magistrate, West Champaran, Bettiah. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judgecum- Special Judge, under POCSO Act, West Champaran, Bettia, in Bettia Town P.S.Case No.320 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U

Patna High Court Cr.Misc. No.50996 of 2018 (2) dt.04-09-2018 3/3