Kuldev Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77325 of 2018 Arising Out of PS. Case No.-216 Year-2017 Thana- BALRAMPUR District- Katihar ======================================================

1. Kuldev Singh Son of Jotish Singh

2. Bely Devi Wife of Kuldev Singh

3. Sunil Singh @ Sunil Kumar Son of Kuldev Singh

4. Pappu Singh @ Pappu Kumar Singh Son of Kuldev Singh All Resident of Village-Mahisal,P.s. Balrampur, District -Katihar ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Md. Musowir, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 323, 324, 325, 326, 447, 342, 379 and 307/34 of the Indian Penal Code registered in connection with Balrampur P.S. Case No. 216 of 2017.

3. It is submitted that the petitioners have been falsely implicated and in any event there is no injury report on record to support the accusation of assault on the informant's side. The petitioners claim clean antecedents.

4. Be that as it may, 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Katihar, in connection with Balrampur P.S. Case No. 216 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Patna High Court Cr.Misc. No.77325 of 2018(2) dt.17-01-2019 2/2 and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.

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

(iii) That petitioner no. 2 will be well represented and petitioner nos. 1, 3 and 4 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. (iv) That the petitioners shall cooperate 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. (Vikash Jain, J) BT/Chandran U T