Annu Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.53047 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53047 of 2018 Arising Out of PS.Case No. -138 Year- 2018 Thana -BAUNSI District- BANKA ======================================================

1. Annu Devi, W/o Krishna Mohan Sah,

2. Subham Kumar S/o Krishna Mohan Sah,

3. Chhoti Kumar @ Chhoti Kumari D/o Krishna Mohan Sah, All are R/o Vill.- Acharaj, P.S.- Bounsi, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kr. Jha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 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, 323, 307, 379, 504, 506/34 IPC registered in connection with Bounsi P.S. Case No. 138 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the allegations are general and omnibus in nature. No specific injury is attributed to the alleged assault of the petitioners. There is case and counter case between the parties and all the injuries are simple in nature. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, 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

Patna High Court Cr.Misc. No.53047 of 2018 (2) dt.20-09-2018 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Bounsi P.S. Case No. 138 of 2018 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 shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate 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) The petitioner no.1 shall be well represented and petitioner nos. 2 and 3 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) Chandran U T