Chandan Rishideo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54574 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Chandan Rishideo,

2. Anil Rishideo, Both sons of Bouku Rishideo, Resident of Village and P.O. Damgara, P.S. Dhamdaha, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amardeep For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.

The petitioners seek regular bail in connection with Dhamdaha P.S.Case no.174 of dated 25.7.2017, G.R.No.2858 of 2017 registered for offences punishable under Sections 143, 323, 324, 307, 379, 427 and 504 of the Indian Penal Code.

Allegation against the petitioner no.1 as per FIR is assault to the wife of the informant by space on her back and against petitioner no.2 of assault by lathi. There is also allegation of assault by Dabia on the head.

Submission of the learned counsel for the petitioners is that there is no allegation of assault on any vital part of the body and allegation is of assault by lathi and back portion by spade. They are in custody for 3 1⁄2 months. Further submission is that there is

Patna High Court Cr.Misc. No.54574 of 2017 (2) dt.17-11-2017 2/2 land dispute between the parties.

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 the learned C.J.M., Purnea in connection with Dhamdaha P.S.Case No.174 of 2017 dated 25.7.2017 G.R.No.2858 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 in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T