Patna High CourtCR. MISC./3892/2018bail granted

Sk. Nura And ORS v. The State Of Bihar

2018-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3892 of 2018 Arising Out of PS.Case No. -115 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk. Nura son of Late Sk.Sahid @ Sahid

2. Sk.Jalil son of Sk.Shadique

3. Sk.Kanij son of Late Sk.Sahid @Sahid

4. Atahar Hussain @ Sk.Atahar Hussain son of Late Sk.Hidayat @ Late Sk.Aidayat.

5. Sk.Anish @ Md. Anish son of Late Sk. Sahid @Sahid.

6. Sk.Kadir son of Late Sk.Sahid @ Sahid.

7. Sk.Budhan @ Sk. Budan son of Sk.Sahid @ Sahid.

8. Sk.Munna son of Late Sk.Shadique.

All residents of village- Khadda, Kunjlahi, P.S.-Nautan, Distt.West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

Petitioners are apprehending their arrest in Nautan P.S.Case No.115 of 2016 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 380, 427, 448, 504 of I.P.C. and Section 27 of Arms Act.

Allegation against the petitioners and others is of assaulting the informant on account of filling earth by her on the land of petitioner no.1 as well as allegation of tearing saree and blouz of the informant and assaulting her.

Submission of the learned counsel for the petitioners is

Patna High Court Cr.Misc. No.3892 of 2018 (2) dt.01-02-2018 2/2 that there is case and counter case between the parties. Now they have compromised which reveals from Annexure-3 to this petition.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in Nautan P.S. Case No.115 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and

(1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U