Meera Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36392 of 2016 Arising Out of PS.Case No. -299 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Meera Devi w/o Rajesh Singh

2. Vikesh Singh @ Vikesh Kumar Singh S/o Rajesh Singh Both are residents of Village Khedu Chaura, P.S.- Maharajganj, District - Siwan.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Harendra Prasad, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 308, 337, 356/504 and 447 read with Section 34 of the Indian Penal Code registered in connection with Maharajganj P.S. Case No. 299 of 2015.

3. It is submitted that the petitioners have been falsely implicated as there is case and counter case between the parties involving the land dispute as admitted in the FIR itself. The injuries sustained by the informant as attributed to the assault of the petitioners are simple in nature. Petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and 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

Patna High Court Cr.Misc. No.36392 of 2016 (2) dt.17-09-2016 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Siwan in connection with Maharajganj P.S. Case No. 299 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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) 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 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. (Vikash Jain, J) B.T/Chandran U T