Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23762 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- CHANPATIA DistrictWest Champaran ====================================================== 1.

NIRMALA DEVI @ Deepmala Devi, aged about 30 years, female, Wife of Pramod Rai Resident of Village - Garabhua, Babu Tola, P.s.- Chanpatia (Sirisiya), Distt.- West Champaran.

2.

Pramod Rai aged about 35 years, male, Son of Late Uma Rai Resident of Village - Garabhua, Babu Tola, P.s.- Chanpatia (Sirisiya), Distt.- West Champaran.

3.

Rajesh Kumar @ Rajesh Pandey, male, aged about 23 years, Son of Late Nathuni Pandey Resident of Village - Garabhua, Babu Tola, P.s.- Chanpatia (Sirisiya), Distt.- West Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 341, 342, 353, 307, 427, 504 and 120B of the Indian Penal Code registered in connection with Chanpatiya (Sirisiya) P.S. Case No. 469 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against as many as 9 named and 8-10 unknown persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners'

Patna High Court CR. MISC. No.23762 of 2019(2) dt.17-04-2019 2/2 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 learned Additional Chief Judicial Magistrate-V, Bettiah, West Champaran in connection with Chanpatia (Sirisiya) P.S. Case No. 469 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 their close relatives of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) 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. (iv) That the petitioner no. 1 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 2 and 3 shall remain physically present in Court on each and every date, 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) Ibrar//- U T