Baban Bihari Ojha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25369 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Baban Bihari Ojha, S/o Late Bachu Ojha,
2. Jai Ganesh Ojha S/o Late Baidh Nath Ojha,
3. Nitesh Ojha @ Nitish Kumar Ojha S/o Baban Bihari Ojha,
4. Chandan Kumar Ojha @ Chandan Ojha @ Chandan Kumar S/o Jai Ganesh Ojha,
5. Sunil Kumar Ojha @ Sunil Ojha S/o Kameshwar Ojha,
6. Sanjay Ojha S/o Kameshwar Ojha,
7. Nawal Kishore Ojha S/o Late Baidh Nath Ojha, All are R/o Vill.- Ram Pur Narsingh Brahmani Toli, P.S.- Pakarideyal, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 The petitioners are apprehending their arrest in connection with Pakaridayal P.S. Case No. 05 of 2018, registered for offences punishable under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act.
Allegation against the petitioners is of assault to the informant and his son.
It has been submitted on behalf of the petitioners that allegation of assault of lathi has been levelled only against petitioner no. 2 and so far other petitioners are concerned, only
Patna High Court Cr.Misc. No.25369 of 2018 (3) dt.22-06-2018 2/3 general and omnibus allegations have been levelled and further there is case and counter case between the parties in the background of land dispute and petitioners side have also received injuries.
Heard learned A.P.P. also.
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 SDJM, Sikrahana at Motihari, East Champaran, in connection with Pakaridayal P.S. Case No. 05 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.25369 of 2018 (3) dt.22-06-2018 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