Bhagwan Dutt @ Bhagwan Dutt Pandit @ Bhagwan Dutta And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38641 of 2014 Arising Out of PS.Case No. -5 Year- 2013 Thana -MAHILA P.S District- SUPAUL ====================================================== 1.Bhagwan Dutt @ Bhagwan Dutt Pandit @ Bhagwan Dutta s/o Late Luchai Pandit.
2.Pramila Devi wife of Bhagwan Dutt Pandit @ Bhagwan Dutt. 3.Amod Kumar @ Amod Kumar Pandit @ Amod Pandit. 4.Pramod Pandit @ Pramod Kumar Pandit.
Both sons of Bhagwan Dutt Pandit.
All are residents of village Mahua, P.S. and district Supaul. .... .... Petitioner/s
Versus
1.State of Bihar.
2.Nitu Kumari wife of Sheo Shankar Pandit d/o Shyam Sundar Pandit @ Kundan Pandit.Presently residing at ward no. 9, Mohalla-Azad Nagar, Town+PS+District Madhepura.
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-498(A), 494, 341, 379 and 34 of the Indian Penal Code and the fact that the petitioners are Fatherin-law, Mother-in-law as also Brother-in-laws (Devar) of the victim lady, Opposite Party No. 2, and the allegation primarily being only against Shankar Pandit, the husband of the victim lady, this Court would direct that if the petitioners namely, Bhagwan Dutt @ Bhagwan Dutt Pandit @ Bhagwan Dutta, Pramila
Patna High Court Cr.Misc. No.38641 of 2014 (2) dt.13-03-2015 Devi, Amod Kumar @ Amod Kumar Pandit @ Amod Pandit and Pramod Pandit @ Pramod Kumar Pandit surrender within a period of four weeks from today, would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Supaul in connection with Supaul Mahila P.S. Case No. 05 of 2013/G.R. No. 265 of 2013, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of
Patna High Court Cr.Misc. No.38641 of 2014 (2) dt.13-03-2015 similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U