Patna High CourtCR. MISC./50805/2015bail granted

Kamleshwari Mandal And ORS v. The State Of Bihar

2015-11-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50805 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Kamleshwari Mandal Son of Baijnath Mandal.

2. Geeta Devi wife of Late Lutan Mandal.

3. Sangeeta Devi wife of Kamleshwari Mandal. All are resident of villageDeogarh, P.S. Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Ashok Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323,504 and 307/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in a family dispute and accusations are inherently improbable. In any event the petitioner no.1 is attributed injury with Lapar and Thapar and accusations against petitioner nos. 2 and 3 are not such like to cause death.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or

Patna High Court Cr.Misc. No.50805 of 2015 (2) dt.09-11-2015 2/2 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 the like amount each to the satisfaction of learned C.J.M.,Banka in connection with Dhoraiya P.S.Case No. 103 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following 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 bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) singh/- U T