Kalawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22552 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -ARARIA District- ARRARIA ======================================================

1. Kalawati Devi, W/o Ram Kumar Paswan,

2. Ram Kumar Paswan S/o Late Mannu Paswan,

3. Alok Paswan S/o Ram Kumar Paswan,

4. Ashok Paswan S/o Ram Kumar Paswan, All are R/o Ashram Road, Ward No. 15, P.S.- Araria, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan For the informant : Mr. Mukesh Kumar Rana ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioners are apprehending their arrest in connection with Araria P.S. Case No. 53 of 2018, registered for offences punishable under Sections 341, 323, 379,354(B), 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is of setting the house of informant on fire and also of misbehaving with mother of informant.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and the case lodged by the petitioners side is earlier to that lodged by informant and during course of investigation, it has come that no house has

Patna High Court Cr.Misc. No.22552 of 2018 (4) dt.15-05-2018 2/3 been set on fire and petitioners have falsely been made accused in this case. It has also been submitted that there is land dispute between the parties and a title suit is also pending. Learned counsel for the State as well as informant oppsed the prayer of bail Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, - Araria, in connection with Araria P.S. Case No.

53 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available

Patna High Court Cr.Misc. No.22552 of 2018 (4) dt.15-05-2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T