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Patna High CourtCR. MISC./23327/2019disposed

Meena Devi v. The State Of Bihar

2019-04-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23327 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- PAUTHU DistrictAurangabad ====================================================== 1.

MEENA DEVI, aged about 23 years, female, Wife of Santosh Yadav Resident of Village - Bharkaul, P.S.- Pauthu, Distt.- Aurangabad. 2.

Sontosh Yadav, aged about 30 years, male, Son of Yugal Yadav Resident of Village - Bharkaul, P.S.- Pauthu, Distt.- Aurangabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Leelawati Kumari, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-04-2019 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, 504, 506/34 of the Indian Penal Code registered in connection with Pauthu P.S. Case No. 82 of 2018

3. It is submitted that the petitioners have been falsely implicated in the backdrop of family dispute and there is case and counter case between the parties. The petitioners themselves have suffered injuries. 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 provisional 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

Patna High Court CR. MISC. No.23327 of 2019(2) dt.15-04-2019 2/2 Magistrate, Aurangabad in connection with Pauthu P.S. Case No. 82 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (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 no. 2 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.

5. The provisional bail shall be confirmed upon verification by the learned Court below that the informant's side has not sustained any grievous injuries. In case the grievous injuries are found, the provisional bail shall stand automatically cancelled.

(Vikash Jain, J) Ibrar/BT U T