Rushma Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77642 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- SANOKHAR District- Bhagalpur ======================================================

1. Rushma Devi, W/o Girish Paswan,

2. Shankar Paswan S/o Horil Paswan, Both R/o Vill.- Virondha, P.S.- Sanokhar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Sanokhar P.S. Case No. 125 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 353, 333, 332 of the Indian Penal Code.

Informant is a police officer, who has stated in his written complaint that on information being received that the altercation took placed over the land between two groups and when he reached on the spot one of SAP Jawan was assaulted by Girish Paswan and he received grievous injury. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They

Patna High Court Cr.Misc. No.77642 of 2018(2) dt.02-01-2019 2/2 have been falsely implicated in this case. Petitioners were also injured and were carried to hospital and were under treatment. There is no specific allegation against the petitioners. There is case and counter case and admittedly there is land dispute between the two groups. Petitioners are in custody since 15.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanokhar P.S. Case No. 125 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

(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) Rajiv/- U T