Chandan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26789 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================
1. Chandan Kumar, Son of Gobind Singh@ Chukri Singh,
2. Gonga, Son of Balmiki Singh, Both are of Resident of Village- Sabaura, P.S.- Barauni, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.
The petitioners seek regular bail in connection with Barauni (Refinery) P.S.Case No.38 of 2017 registered for offences punishable under Sections 147, 148, 149, 323, 324, 307, 354(b) and 504 of the Indian Penal Code.
Allegation against the petitioners and other accused persons is of assault to the informant and other injured. Specific allegation against the petitioner no.1 is that he assaulted to Ram Pravesh Singh by rod and allegation against the petitioner no.2 is that he tried to outrage modesty of Babli Devi.
Submission of the learned counsel for the petitioners is that there is land dispute between the parties and further the injuries are simple, which is annexed as Annexure-3, showing that the injuries are simple on the person of the injured and so far allegation of outrage modesty of Babli Devi is concerned, the
Patna High Court Cr.Misc. No.26789 of 2017 (2) dt.11-07-2017 2/2 same is ornamental to make the case serious. The petitioners are in custody for about four months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with Barauni (Refinery) P.S.Case No.38 of 2017.
With following conditions :
(i) One of the bailors of the petitioners shall 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.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U