Naresh Goswami And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64279 of 2018 Arising Out of PS. Case No.-341 Year-2017 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Naresh Goswami Son of Late Ram Chandra Goswami

2. Dabloo Kumar Son of Naresh Goswami

3. Sharwan Kumar Son of Naresh Goswami

4. Babloo Kumar Son of Naresh Goswami All Resident of VillageMakhdhumpur Dih P.S. Makhdumpur, Distt.-Jehanabad ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Manoj Kumar, Advocate.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 448, 379, 354(B), 504, 506, 34 of the Indian Penal Code registered in connection with Makhdumpur P.S. Case No. 341 of 2017.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of property dispute for re-partition of their house as the parties are related to each other. There is case and counter case between the parties. Chargesheet has been submitted in which the allegations under Section 354 of the Indian Penal Code has not been found true. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.64279 of 2018(3) dt.04-01-2019 2/2 the facts and circumstances of the case, 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 341 of 2017, 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner 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 U