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Patna High CourtCR. MISC./25946/2019bail granted

Meena Devi, v. The State Of Bihar

2019-04-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25946 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHILA P.S. DistrictPatna ====================================================== 1.

MEENA DEVI, aged about 50 years, female W/O- Mahapurush Roy. Resident of Village- Dighahat, P.S.- Digha, District- Patna. 2.

Kanchan Devi @ Kanchan Rani,, aged about 28 years, female, W/o of Pintu Roy @ Pintu Kumar @ Vijandra Kumar, Resident of VillageDighahat, P.S.- Digha, District- Patna. 3.

Pintu Roy @ Pintu Kumar @ Vijendra Kumar, aged about 32 years, male, S/O- Mahapurush Roy, Resident of Village- Dighahat, P.S.- Digha, DistrictPatna. 4.

Dharmendra Kumar, aged about 25 years, male, S/o- Mahapurush Roy, Resident of Village- Dighahat, P.S.- Digha, District- Patna. 5.

Sanjay Kumar, aged about 22 years, male, S/O- Mahapurush Roy, Resident of Village- Dighahat, P.S.- Digha, District- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Vijay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 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, 342, 323, 325, 307, 504 and 506/34 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 18 of 2019, G.R. No. 1642 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. The accusation of assault is general and omnibus without any specific assault attributed individually. Injuries resulting from the assault alleged against the petitioners are simple in nature. The

Patna High Court CR. MISC. No.25946 of 2019(2) dt.22-04-2019 2/2 petitioners claim clean antecedents.

4. Be that as it may, 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 Smt. Priya Shankar, learned Judicial Magistrate 1st Class, Patna/Incharge Successor Court, Patna in connection with Mahila P.S. Case No. 18 of 2019/G.R. No. 1642 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, 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 the petitioner nos. 1 and 2 shall be well represented in Court on each and every date during trial except as the when directed by the learned Court to be physically present and petitioner nos. 3 to 5 shall remain physically present in Court on each and every date, 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) Ibrar//- U T