Surendra Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.50117 of 2015 (2) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50117 of 2015 Arising Out of PS.Case No. -160 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Surendra Yadav son of Late Saugand Yadav

2. Phool Kumari Devi @ Fool Kumari wife of Surendra Yadav

3. Renu Kumari, daughter of Surendra Yadav

4. Rinku Devi, daughter of Surendra Yadav

5. Kundan Kumar @ Kundan Kumar Yadav son of Surendra Yadav, All residents of Village - Govindpur, Police Station - Pirpainty, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2015 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, 307, 324/34 of the Indian Penal Code registered in connection with Pirpainty P.S. Case No. 160 of 2015.

3. It is submitted that the petitioners have been falsely implicated as the alleged occurrence transpired out of minor dispute in which both sides sustained injuries and there is case and counter case between the parties. Most of the injuries resulting from assault attributed to the petitioners are simple in nature.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.50117 of 2015 (2) dt.04-11-2015 circumstances of the case, 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Pirpainty P.S. Case No. 160 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) 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.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T