Mahendra Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10851 of 2018 Arising Out of PS.Case No. -462 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Mahendra Singh, Son of Late Triveni Singh

2. Mantu Singh @ Nitesh Singh, son of Mahendra Singh.

3. Mana Singh @ Ritesh Singh, Son of Mahendra Singh.

4. Chandan Singh, Son of Sheo Mangal Singh. All residents of VillageAmiyawar, Police Station- Nasriganj, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sushila Devi, Wife of Suryadeo Sharma, Resident of VillageAmiyawar, Police Station- Nasriganj, District- Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Complaint Case No.462 of 2015 registered for offences punishable under Sections 147, 323, 380, 341, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of committing theft in the house of the complainant and specific allegation of theft is against petitioner no.3.

Submission of the learned counsel for the petitioners is that there is counter case also lodged by the accused persons and after four days of that, the complaint petition has been filed making

Patna High Court Cr.Misc. No.10851 of 2018 (2) dt.27-02-2018 2/3 such allegation.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, J.M. Ist class, Bikramganj, Rohtas at Sasaram in connection with Complaint Case No.462 of 2015, 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 himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

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