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Patna High CourtCR. MISC./63693/2019bail granted

Checha Devi v. The State Of Bihar

2019-10-23Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63693 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

CHECHA DEVI W/o Balister Singh @ Balindra Singh R/o villageGopalbari, P.S.- Masharak, Distt.- Saran, Chapra 2.

Balister Singh @ Balindra Singh S/o Late Kapildeo Singh R/o villageGopalbari, P.S.- Masharak, Distt.- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code, including Section 3⁄4 of the Dowry Prohibition Act, registered in connection with Mashrak P.S.Case No. 276 of 2019.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the parents-in-law of the informant. The FIR has been lodged against as many as seven accused persons, who are the husband of the informant and his various family members. The petitioners were residing

Patna High Court CR. MISC. No.63693 of 2019(2) dt.23-10-2019 2/3 separately and, as such, they had no concern with the day-today matters of the informant and her husband. The petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender 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 A.C.J.M.-VI, Saran, Chapra in connection with Mashrak P.S.Case No. 276 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) That the petitioner no.1 shall be well represented in court on each and every date during trial, except as and when

Patna High Court CR. MISC. No.63693 of 2019(2) dt.23-10-2019 3/3 directed by the learned court below to be physically present 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 bonds shall be liable to be cancelled by the learned court concerned. (Vikash Jain, J) HR/- U T