Dinesh Paswan And ORS v. The State Of Bihar
Criminal Miscellaneous No.66977 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ======================================================
1. Dinesh Paswan Son of Late Kallar Paswan @ Late Kalar Paswan
2. Ganesh Paswan Sonlf Late Kallar Paswan @ Late Kalar Paswan
3. Rakesh Paswan Son of Dinesh Paswan
4. Amla Devi Wife of Dinesh Paswan
5. Asha Devi wife of Mahesh Paswan All are Resident of Village-Kaitola,P.S. Town,Distt.-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar,Adv For the Opposite Party/s :
Mr.Narendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 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, 342, 323, 324, 307, 337 and 427/34 IPC registered in connection with Madhubani Town P.S. Case No. 139 of 2018/GR No. 780 of 2018.
3. It is submitted that the petitioners have been falsely implicated and it is apparent from the FIR that the informant is a member of Male party. The FIR has been instituted in the backdrop of the earlier Madhubani Town
Patna High Court Cr.Misc. No.66977 of 2018(2) dt.04-01-2019 2/3 P.S. Case No. 73 of 2018, instituted by the petitioners. There is no injury report to support the accusation of assault upon the petitioners, of which two are ladies. 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 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/Incharge Successor Court in Madhubani in connection with Madhubani Town P.S. Case No. 139 of 2018/GR No. 780 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
Patna High Court Cr.Misc. No.66977 of 2018(2) dt.04-01-2019 3/3 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, 2 and 3 shall remain physically present and petitioner nos. 4 and 5 shall be well represented 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/BT U T