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Patna High CourtCR. MISC./66469/2019disposed

Parmeshwar Rajwar v. The State Of Bihar

2019-11-05Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66469 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

PARMESHWAR RAJWAR Son of Jagdish Rajwar Resident of Village - Lalpur Majhua, P.S.- Bousi, District- Araria 2.

Fuleshwar Rajwar Son of Late Rabi Rajwar Resident of Village - Lalpur Majhua, P.S.- Bousi, District- Araria 3.

Urmila Devi Wife of Umakant Rajwar Resident of Village - Lalpur Majhua, P.S.- Bousi, District- Araria 4.

Guriya Devi Wife of Pramod Rajwar Resident of Village - Lalpur Majhua, P.S.- Bousi, District- Araria 5.

Sunita Devi Wife of Gayanand Rajwar Resident of Village - Lalpur Majhua, P.S.- Bousi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 331, 332, 353, 384, 504 and 506 of the Indian Penal Code, registered in connection with Bousi P.S.Case No. 36 of 2019.

3. It is submitted that petitioners have been falsely implicated and the F.I.R. is against as many as eight named accused persons and 15 unknown. The accusations are general

Patna High Court CR. MISC. No.66469 of 2019(2) dt.05-11-2019 2/3 and omnibus in nature without any specific accusation of assault attributed to the petitioners. Petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial MagistrateVI,Araria in connection with Bousi P.S.Case No. 36 of 2019, 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) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner nos. 1 and 2 shall remain physically present in court on each and every date during trial and petitioner nos. 3 to 5 shall be well represented in court on

Patna High Court CR. MISC. No.66469 of 2019(2) dt.05-11-2019 3/3 on each and every date during trial, except as and when directed by the learned court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned court concerned.

(Vikash Jain, J) HR/- U T