Baldeo Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4884 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================
1. Baldeo Rai Son of Late Subalal Rai
2. Jagdish Rai
3. Mukesh Rai, Both Sons of Baldeo Rai
4. Rampari Devi W/o- Baldeo Rai, All are Resident of Village- Musapur, P.S.- Sarairanjan, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Mishra For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.
This application has been filed in connection with Sarairanjan P.S.Case No.109 of 2016 for the offence under Sections 341, 323, 307, 324, 354, 379, 504, 506/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that there is dispute between the family members and there is also land dispute as admitted and the injuries are simple in nature. There is a case and counter case between the parties.
Heard learned A.P.P. also.
Having heard both sides. In view of the fact that there is a case and counter case between the petitioner and the informant
Patna High Court Cr.Misc. No.4884 of 2017 (2) dt.15-02-2017 2/2 and the petitioners are family members and the injuries are simple on the person of the injured, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) eachc with two sureties of the like amount each to the satisfaction of A.C.J.M. 6th, Samastipur in connection with Sarairanjan P.S.Case No.109 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U