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Patna High Court - Orders

Parash Yadav @ Paras Choudhari & Ors vs The State Of Bihar on 16 August, 2018

Author: Sanjay Priya

Bench: Sanjay Priya

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.46141 of 2018
                   Arising Out of PS.Case No. -157 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ
                 ======================================================
                 1. Parash Yadav @ Paras Choudhari, S/o Late Moti Yadav,
                 2. Gamha Yadav, S/o Late Moti Yadav,
                 3. Panmati Devi, W/o Parash Yadav @ Paras Choudhari,
                 All are R/o Vill.- Siswaniya , P.S.- Uchkagaon, District- Gopalganj.

                                                                              .... ....   Petitioner/s
                                                      Versus
                 The State of Bihar

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Dharmveer, Advocate.
                 For the Opposite Party/s : Smt. Reena Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

2   16-08-2018

Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Uchkagaon P.S. Case No. 157 of 2017 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.

Counsel for the petitioner submits that victim girl has love affairs with Rajan Yadav. She had voluntarily gone with Rajan Yadav.

The victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that she had voluntarily gone with Rajan Yadav and performed marriage with him. This fact finds mentioned in the impugned order itself. Petitioners are father, Patna High Court Cr.M isc. No.46141 of 2018 (2) dt.16-08-2018 2/2 mother and uncle of Rajan Yadav.

Considering the facts and circumstances of the case, 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 Uchkagaon P.S. Case No. 157 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 learned Additional Chief Judicial Magistrate-IX, Gopalganj, 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 bond 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) S.Ali/-

Rohit Kr.

U         T