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Patna High CourtCR. MISC./22815/2019bail granted

Nilam Devi v. The State Of Bihar

2019-04-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22815 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- DANDARI District- Begusarai ====================================================== 1.

NILAM DEVI W/o- Ranjit Mahto, Resident of Susauni, P.S.- Dandari, District- Begusarai.

2.

Ranjit Mahto @ Ranjit Mahto, son of Late Narain Mahto, Resident of Susauni, P.S.- Dandari, District- Begusarai.

3.

Bijal Mahto, Son of Late Narain Mahto, Resident of Susauni, P.S.- Dandari, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341/323/325/307/504/34 IPC registered in connection with Dandari P.S. Case No. 29 of 2018.

3. It is submitted that the petitioners haver been falsely implicated in the backdrop of land dispute between the parties and for which the petitioners' side has filed Complaint Case No. 649c/2018. The accusation of assault is general and omnibus without any specific assault attributed individually. Injuries are simple in nature. 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 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 Ms. Sweta Grawal, learned J.M. Ist Calss, Begusarai , in connection with

Patna High Court CR. MISC. No.22815 of 2019(2) dt.11-04-2019 2/2 Dandari P.S. Case No. 29 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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.

iv. The petitioner no.1 shall be well represented and petitioner nos. 2 and 3 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.

(Vikash Jain, J) Chandran/- U T