Gauri Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23410 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Gauri Mallik, Son of Sita Ram Mallik, resident of Village-Kabilpur, P.S.- Bahadurpur, District-Darbhanga .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with L.N.M.U. P.S. Case No. 03 of 2016 registered for offences under Sections 400, 414, 420, 467 and 468/34 of the Indian Penal Code.
The petitioner has a criminal history in Bahadurpur P.S. Case No. 350 of 2015 and Bahadurpur P.S. Case No. 299 of 2010. The Police received secret information that a group of persons are committing theft for different purposes. In this connection, other co-accused persons were arrested. From their possession, the looted materials including the money were recovered. The name of the petitioner has also surfaced on the statement of co-accused Rohit Sahni in pursuance thereof, the petitioner was also arrested along with the others. From the
Patna High Court Cr.Misc. No.23410 of 2016 (2) dt.30-05-2016 2/2 possession of the petitioner, Police have not recovered any material to show any involvement in that case. The petitioner is in jail since 07.01.2016.
Looking to the facts and circumstances of the case, let the petitioner, namely, Gauri Mallik, be released on bail on or after 5th of July, 2016 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 03 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the L.N.M.U. police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.
(Shivaji Pandey, J) Vats/- U T