Upendra Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49123 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Upendra Prasad, Son of Jhagru Bhagat,
2. Kiran Devi, Wife of Upendra Prasad, Both are resident of VillageBhagwanpur, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Madhuban P.S.Case no.82 of 2018 , registered for offences punishable under Sections 341, 323, 379 and 504/34 of the Indian Penal Code.
Allegation against the petitioners is of snatching Rs.4,500/- from the informant and there is allegation that they were cutting maize crops of the informant.
Submission of the learned counsel for the petitioners is that their whole families have been made accused due to the panchayat election dispute and allegation of snatching is ornamental in nature to make the case serious.
Patna High Court Cr.Misc. No.49123 of 2018 (2) dt.27-08-2018 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 4th, Motihari in connection with Madhuban P.S.Case No.82 of 2018 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 petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T