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Patna High CourtCR. MISC./72982/2018bail granted

Pawan Kumar Das And ORS v. The State Of Bihar

2018-12-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72982 of 2018 Arising Out of PS. Case No.-408 Year-2018 Thana- PURNEA SADAR District- Purnia ======================================================

1. Pawan Kumar Das, Son of Bhola Das,

2. Bhola Das, Son of Late Sudhu Das,

3. Parwati Devi, Wife of Bhola Das, All resident of Village- Matia, P.S.- Sadar (Muffasil), District- Purnea.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Sadar (Muffasil) P.S. Case No. 408 of 2018, disclosing offences under Sections 363, 366(A) and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners has submitted that there is allegation against co-accused Robin Das of having eloped with the victim. He contends that these petitioners have been implicated only because they are brother, father and mother respectively of said Robin Das. He also submitted that the victim has been recovered and her statement has been recorded under Section 164 of the Cr.P.C., in which

Patna High Court Cr.Misc. No.72982 of 2018(2) dt.18-12-2018 2/2 she has specifically stated that there is no role of these petitioners.

Considering the above submission, this application is allowed. The petitioners, above named, in the event of their arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar (Muffasil) P.S. Case No. 408 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T