Malti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77675 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- DIGHWARA District- Saran ======================================================

1. Malti Devi, W/o Mahesh Singh,

2. Bam Bhola Singh @ Sanjeet Kumar S/o Mahesh Singh, Both R/o Vill.- Malkha Chak, P.S.- Dighwara, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Dighwara P.S. Case No. 181 of 2018 registered for the offence punishable under Sections 147, 302, 427 of the Indian Penal Code and Section 27 of Arms Act. Informant has alleged that FIR named accused entered his house and there is specific allegation against Manoj Singh of causing firearm injury on the father of informant. Allegation against petitioners and other co-accused is that they dragged his father outside of the house.

It has been submitted on behalf of the petitioners that there is land dispute between the parties and they are

Patna High Court Cr.Misc. No.77675 of 2018(2) dt.02-01-2019 2/2 agnates. Petitioners are in custody since 25.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, (Court No. IX), Saran, in connection with Dighwara P.S. Case No. 181 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T