Kari Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5289 of 2017 Arising Out of PS.Case No. -683 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Kari Sharma S/o Late Nand Ram Sharma

2. Ganeshi Yadav S/o Late Sukhdev Yadav @ Late Sukha Yadav. Both are Resident of Village-Baijnath Patti Tola-Baluaha P.S.-Saharsa DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioners are apprehending their arrest in connection with Saharsa P.S. Case No. 683 of 2016, registered for offences punishable under Sections 341, 323, 379, 384, 354, 504 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that large number of cases is going on between the parties. As a matter of fact prior to the institution of the present case, the petitioner has already filed a case against the informant's side and only with a view to teach a lesson to the petitioners, the present false case has been filed and sections like 379 and 384 of the Indian Penal Code has been added only to make the case graver.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and that earlier to filing of the present case the petitioner no. 1, had already filed a case against

Patna High Court Cr.Misc. No.5289 of 2017 (2) dt.15-02-2017 2/2 informant, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 683 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (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 cooperate in the investigation and make thenmselves available as and when required by the police 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 bonds.

(Vinod Kumar Sinha, J) sunil/- U