Sarwan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34789 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Sarwan Sah, Son of Chhatradhari Sah.
2. Vijay Sah, Son of Sharwan Sah, Both resident of Village- Akana, P.S.- Pakaridayal, District- East Champaran, Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 The petitioners are apprehending their arrest in connection with Pakridayal P.S. Case No. 34/2018, registered for offences punishable under Sections 147, 148, 149, 341, 448, 323, 324, 379 and 307of the Indian Penal Code.
Allegation against petitioner no. 1 is of assault by rod on the head of wife of the informant and against petitioner no. 2 is of assault by farsa near the ear of brother of the informant. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and injuries are simple in nature, which will appear from the case diary. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from
Patna High Court Cr.Misc. No.34789 of 2018 (4) dt.19-09-2018 2/2 the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-V, Motihari, East Champaran, in connection with Pakridayal P.S. Case No. 34/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T