Shivendra Chaudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.42417 of 2017 (2) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42417 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Shivendra Chaudhary, Son of Late Chandeshwar Chaudhary,

2. Soni Devi, wife of Shivendra Chaudhary, Both resident of VillageMirzapur, Jagni, P.S.- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioners seek regular bail in connection with Singhwara P.S.Case No.194 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 341, 324, 308 & 385 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant causing injury to him.

Submission of the learned counsel for the petitioners is that there was dispute with respect to cultivation in the field and as the petitioners were not ready to cultivate his land, the informant threatened them to implicate him in a false case, due to which they have been made accused in this case. The petitioners are in custody for about 1 1⁄2 months.

Patna High Court Cr.Misc. No.42417 of 2017 (2) dt.13-09-2017 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/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Darbhanga, Bihar in connection with Singhwara P.S.Case No.194 of 2016. 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 disposal of trial and make themselves available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T