Rina Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54130 of 2018 Arising Out of PS.Case No. -257 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Rina Devi, W/o Manoj Mehta,

2. Ankit Kumar Mehta S/o Manoj Mehta, Both are R/o Vill.- Sirkhiriya, P.S. Runnisaidpur, District- Sitamarhi.

3. Prakash Mehta @ Prakash Kumar Mehta S/o Late Chandesh Mehta, R/o Vill.- Sirkhiriya, P.S.- Runnisaidpur, District- Sitamarhi. Present AddressPrakash Mehta @ Prakash Kumar Mehta S/o Late Chandesh Mehta, R/o Vill.- Olaha Mehta Tola, Ward No. 7, P.S.- Harasiddhi, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar, Adv. For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioners seek bail in Runnisaidpur P.S. Case No. 257/2018 G.R. No. 2083/18, registered for the offences punishable under Sections 341, 323, 504, 324 and 307 of the Indian Penal Code.

It is alleged that on 17.05.2018 while the son of informant was going his house, the accused persons including the petitioners abused him. Petitioner 3 caught him from back and petitioner no. 2 caught his leg. Petitioner no. 1 is the order giver. Manoj Kumar Mehta assaulted the son of informant by means of

Patna High Court Cr.Misc. No.54130 of 2018 (2) dt.05-10-2018 2/3 sword causing injury on his hand.

It has been submitted that there is no specific allegation against these petitioners. Specific allegation is against co-accused Manoj Mehta. There is land dispute.

Petitioners have no criminal antecedent. They are in custody since 18.05.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 257/2018 G.R. No. 2083/18, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence

Patna High Court Cr.Misc. No.54130 of 2018 (2) dt.05-10-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T