Dharmendra Kumar Singh @ Dharmendra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70567 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- NARPATGANJ District- Araria ======================================================
1. Dharmendra Kumar Singh @ Dharmendra Singh, Son of Raj Kumar Singh
2. Arti Kumari Daughter of Raj Kumar Singh Both Resident of Village Madhura (South), Ward No. 3, P.S. Narpatganj, District - Araria.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Mukesh Kumar Rana, Advocate For the State :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 325, 307, 379 and 504/34 of the Indian Penal Code registered in connection with Narpatganj P.S. Case No. 330 of 2018.
3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties relating to the alleged occurrence. The thrust of accusation is on coaccused Raj Kumari Devi who is said to have assaulted the informant with iron rood on his head and the remaining accused persons including the petitioners assaulted the informant with lathi on his body. The injury report of the informant discloses injuries only on the head of the informant and as such the accusation against the petitioners is not supported from the injury report. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.70567 of 2018(2) dt.15-01-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 330 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/Chandran U T