Mathura Rajbanshi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57336 of 2015 Arising Out of PS.Case No. -131 Year- 2005 Thana -SIRDALA District- NAWADA ======================================================

1. Mathura Rajbanshi S/o Videshi Rajbanshi

2. Chandrika Rajbanshi @ Chandiraka Rajbanshi S/o Videshi Rajbanshi both resident of village/ Mohalla- Paroriya, P.S.- Sirdala, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Krishna Deo Raj, Advocate For the Opposite Party/s : Mr. P.K.Choursiya, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 147, 148, 149, 323, 379 and 504 of the Indian Penal Code.

It is contended on behalf of the petitioners that being labourers they were out of State for earning their livelihood, therefore, they could not move earlier for grant of bail. It is further contended that though there is allegation of assault but there is no injury upon the informant.

Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Mathura Rajbanshi and Chandrika Rajbanshi @ Chandiraka Rajbanshi, be released on bail in the event of arrest/surrender before the court below within a

Patna High Court Cr.Misc. No.57336 of 2015 (3) dt.29-01-2016 period of six weeks from today in Sirdala Police Station Case No. 131/2005 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri S.C. Kumar, Judicial Magistrate, Ist Class, Nawada, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure with a further condition that one of the bailors of each of the petitioners must be a close relative or family member who shall file affidavit before the concerned court giving complete genealogy to show his / her relationship with them.

Further, the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on even one date during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) SC/- U T