Nanhak Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6701 of 2019 Arising Out of PS. Case No.-784 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================
1. Nanhak Bind, aged about 58 years, Male S/o Late Ramhari Bind
2. Rishi Bind, age about 24 years, Male, S/o Nanhak Bind
3. Shripati Devi @ Sirpati Devi, age about 56 years, Female, W/o Nanhak Bind
4. Rani Devi, age about 26 years, Female, W/o Khar Bind
5. Kabita Kumari, age about 21 yeas, Female D/o Nanhak Binad
6. Mangu Bind, aged about 19 years, Male, S/o Nanhak Bind All R/o Village- Sijhua, P.S. Sonhan, District Kaimur at Bhabua ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 504, 323, 307, 379 and 354(B) of the Indian Penal Code registered in connection with Bhabua (Sonhan) P.S. Case No. 784 of 2018.
3. It is submitted that the petitioners have been falsely implicated as the accusation of assault is general and omnibus in nature. The parties are agnates to each other and there is land dispute between them and in any event, the informant has implicated all the family members of the petitioners. Injuries are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.6701 of 2019(2) dt.08-02-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 784 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That petitioner nos. 3 to 5 will be well represented and petitioner nos. 1, 2 and 6 shall remain physically present 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. (iv) That the petitioners shall cooperate 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.
BT/Chandran (Vikash Jain, J) U T