Dhanmatiya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34942 of 2018 Arising Out of PS.Case No. -25 Year- 2014 Thana -SALAIYA District- AURANGABAD ======================================================

1. Dhanmatiya Devi, Wife of Manoj Bhuiyan,

2. Sunaina Devi, Wife of Binod Bhuiyan, Both Resident of Village- Chei Tola, Azad Bigha, P.S. Salaiya, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 Submission of the learned counsel for the petitioner is that the petitioner no.1 (Dhanmatiya Devi) has been arrested as such he may be permitted to withdraw the application against the petitioner no.1.

Heard learned A.P.P. also.

In view of the submission of the petitioner, let this application against the petitioner no.1 be dismissed as withdrawn. The petitioner is apprehending his arrest in connection with Salaiya P.S.Case no.25 of 2014, registered for offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner is and other accused persons is of assault to the informant.

Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.34942 of 2018 (2) dt.09-07-2018 2/2 there is general and vague allegation against the petitioner and no specific allegation has been attributed and there was land dispute from before.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Salaiya P.S.Case no.25of 2014, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T