Sonapati Devi And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55434 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55434 of 2018 Arising Out of PS.Case No. -453 Year- 2018 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Sonapati Devi Wife of Sudarshan Roy

2. Anil Ray S/o Sudarshan Ray Both Village - Jamira, Police Station - Ara Muffasil, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dinesh Pandey S/o Shiv Bilash Pandey resident of village - Kuberchak Kulhariya, P.S. Koilwar, District Bhojpur at Ara. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 504, 459, 420, 467, 468, 120(B), 34 of the Indian Penal Code registered in connection with Tr. No. 2308/2018, arising out of Complaint Case No. 453(c) of 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with sale of land of one Panna Devi who is said go have been impersonated by the petitioner no. 1. The said Panna Devi ahs not filed any complaint in this regard. The instant Complaint has been filed in the year 2018 for the alleged occurrence of 2016, The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.55434 of 2018 (2) dt.06-10-2018 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Tr. No. 2308/2018, arising out of Complaint Case No. 453(c) of 2018, 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 shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner no. 1 shall be well represented and petitioner no. 2 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 bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T