Kishnath Singh @ Kashinath Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.32725 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32725 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Kishnath Singh @ Kashinath Singh son of late Parikshan Singh

2. Mangat Singh son of late Parikshan Singh

3. Hiramati Devi wife of Kishnath Singh

4. Suman Kumari daughter of Kishnath Singh All are residents of village - Pipra, Police Station - Gautam Budha Nagar (Tarwara), District - Siwan.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Ajay Kumar Tiwary, Adv For the Opposite Parties : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 21.03.2017 in connection with G.B. Nagar P.S. Case No. 84 of 2017 for the alleged offences under Section 147,148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties who are all relatives. In any event, even according to the FIR the main assailant is co-accused Bhupendra Kumar who is said to have assaulted the informant's father and brother with 'khanti' leading to their deaths. There is no accusation of any assault attributed to the petitioner no. 3. All the petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.32725 of 2017 (2) dt.20-07-2017 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with G.B. Nagar P.S. Case No. 84 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 1 and 2 shall remain physically present and petitioner nos. 3 and 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T