Minti Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.36440 of 2016 (2) dt.19-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36440 of 2016 Arising Out of PS.Case No. -177 Year- 2016 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Minti Devi, Wife of Doman Singh.

2. Bachan, Son of Late Darogi Singh

3. Dharamveer Kumar, Son of- Bachan Singh.

4. Sudama Kumar, Son of- Doman Singh.

All resident of Village- Laxmipur, P.S. - Barbigha, (Keoti O.P.), District - Sheikhpura.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioners : Mr. Sanjeev Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 448, 323, 504, 506, 307, 379 and 34 of the Indian Penal Code registered in connection with Barbigha (Keoti O.P.) P.S. Case No. 177 of 2016.

3. It is submitted that the petitioners have been falsely implicated and in any event the thrust of accusation is against coaccused Doman Singh. There is case and counter case between the parties, who are agnates to each other, relating to land dispute. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.36440 of 2016 (2) dt.19-09-2016 satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha (Keoti O.P.) P.S. Case No. 177 of 2016, 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 relative 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 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 petitioner no. 1 will be well represented in Court and petitioner nos. 2, 3 and 4 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/BT U T