Chandan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65490 of 2018 Arising Out of PS. Case No.-62 Year-2017 Thana- KARPI District- Jehanabad ======================================================
1. Chandan Kumar . Son of Basant Mester
2. Munna Kumar Son of Basant Mester
3. Sunil Mester Son of Late Nanak Mester All Resident of Village-Puran P.S. Karpi,Distt.-Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar,Adv For the Opposite Party/s :
Mr.Ajay Kumar Jha,Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehends their arrest for the offences alleged under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 3 and 4 Prevention of Witch Practices Act, 1999 registered in connection with Karpi P.S. Case No. 62 of 2017.
3. It is submitted that the petitioners have been falsely implicated and they have not committed any offence as alleged. Similarly situated co-accused Basant Mester has been granted anticipatory bail by this Court in Cr. Misc. No. 53107 of 2017.
4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners' arrest or surrender before the 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like
Patna High Court Cr.Misc. No.65490 of 2018(3) dt.03-01-2019 2/2 amount each to the satisfaction of learned A.C.J.M. IVth, Arwal, Distrit Arwal in connection with Karpi P.S. Case No. 62 of 2017, 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 petitioners 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 bonda shall be liable to be cancelled by the learned Court concerned.
Chandran/- (Vikash Jain, J) U T