Soniya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38586 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -HASANGANJ District- KATIHAR ======================================================
1. Soniya Devi W/o Tallu Hansada
2. Tallu Hansda @ Tallu Hansada, S/o Bhim Hansada
3. Babul Lal Hansa @ Babu Lal Hansada, S/o Lakhkhi Hansada.
4. Sanju Hansada, S/o Late Sangram Hansada.
5. Laxmi Beshra, W/o Sanju Hansada.
6. Ramu Hansda, @ Rama Hansda S/o Late Sangram Hansada,
7. Tara Kisku, w/o Ramu Hansda, All are residents of Village Kajri, P.S. Hasanganj, District- Katihar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Sharda Nand Mishra, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307 and 379/34 of the Indian Penal Code registered in connection with Hasanganj P.S. Case No. 25 of 2016.
3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties relating to the land dispute. No one has sustained any injury. The allegation of assault against the petitioners is general and omnibus 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
Patna High Court Cr.Misc. No.38586 of 2016 (2) dt.20-09-2016 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Hasanganj P.S. Case No. 25 of 2016, 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 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 nos. 1, 5 and 7 will be well represented in Court and petitioner nos. 2, 3, 4 and 6 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