Dilip Kumar Seth @ Dilip Seth And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33956 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Dilip Kumar Seth @ Dilip Seth, Son of Late Vijay Kumar Seth,

2. Pradeep Kumar Seth @ Pradeep Seth, Son of Late Vijay Kumar Seth, Both are resident of Village- Karajee, Police Station- Chainpur, DistrictKaimur (Bhabua). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 The petitioners are apprehending their arrest in connection with Chainpur P.S. Case No. 44 of 2018, registered for offences punishable under Sections 341, 323, 307, 324, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner no.1 is that he assaulted the informant's brother on his right palm with Garasa, due to which he sustained injury. Allegation against the petitioner no.2 is that he snatched money of Rs.5500/- from the brother of the informant and fled away.

Submission of learned counsel for the petitioners is that materials collected during course of investigation show that occurrence took place due to previous enmity between the parties

Patna High Court Cr.Misc. No.33956 of 2018 (3) dt.13-07-2018 2/3 and they have falsely been made accused in this case and though the injury is grievous in nature but that is not on the vital part of the body.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur at Bhabhua, in connection with Chainpur P.S. Case No. 44 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on

Patna High Court Cr.Misc. No.33956 of 2018 (3) dt.13-07-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/-Amjad U T