Pintu @ Rohit Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42002 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- CHAUSA DistrictMadhepura ====================================================== 1.
PINTU @ ROHIT RAM, aged about 24 years, male, Son of Sadanand Ram Resident of Village - Chousa Basti, P.S.- Chausa, Distt - Madhepura. 2.
Sadanand Ram, aged about 51 years, male, Son of Late Shrijan Ram Resident of Village - Chousa Basti, P.S.- Chausa, Distt - Madhepura. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Pawan Kumar, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 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, 354(A), 379, 504/34 of the Indian Penal Code registered in connection with Chausa (Fulaut) P.S. Case No. 41 of 2019.
3. It is submitted that the petitioners have been falsely implicated and the parties are related to each other. There is admitted land dispute between the parties. The accusations that the petitioners have committed such act in the past with the informant is not corroborated as this is the first complaint of its nature filed by the informant. In any event the solitary injury sustained by the informant's husband is simple in nature. The accusations under Section 379 IPC is mere embellishment. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners'
Patna High Court CR. MISC. No.42002 of 2019(2) dt.10-07-2019 2/2 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 Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chousa (Fulout) P.S. Case No. 41 of 2019, 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 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. (iv) That the petitioners 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) Ibrar//- U T