Bhikhari Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75433 of 2018 Arising Out of PS. Case No.-65 Year-2016 Thana- BHADAUR District- Patna ======================================================
1. Bhikhari Mahto , Son of Rambabu Mahto
2. Manohar Mahto @ Manohar Kumar, Son of Bhikhari Mahto
3. Meena Devi, wife of Bhikhari Mahto.
4. Binita Kumari, daughter of Bhihari Mahto All resident of village Basaban Chak, Police Station Bhadaur, District Patna ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party :
Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 324, 308, 504, 34 of the Indian Penal Code registered in connection with Bhadaur P.S. Case No. 65 of 2016.
3. It is submitted that the petitioners, who are neighbours of the informant, have been falsely implicated in the backdrop of a petty dispute. All the injuries sustained by the informant and his mother are simple in nature. 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 Sri Pankaj Kumar Tiwari, learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Bhadaur P.S. Case No. 65 of 2016, subject to the conditions as laid down under Section 438 (2)
Patna High Court Cr.Misc. No.75433 of 2018(4) dt.31-01-2019 2/2 Cr.P.C. 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 nos. 3 and 4 will be well represented and petitioner nos. 1 and 2 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. BT/Chandran (Vikash Jain, J) U T