Shiv Shankar Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67505 of 2019 Arising Out of PS. Case No.-283 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== 1.
SHIV SHANKAR CHAUBEY Son of Late Ram Datt Chaubey @ Rama Datta Chaubey Resident of Village-Karuna, P.S.-Sursand, District-Sitamarhi. 2.
Chun Chun Devi Wife of Shiv Shankar Chaubey Resident of VillageKaruna, P.S.-Sursand, District-Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 379, 354(D), 504 and 506/34 of the Indian Penal Code, registered in connection with Sursand P.S. Case No. 283 of 2018.
3. It is submitted that the petitioners have been falsely implicated and there is land dispute between the parties. The petitioners are said to have assaulted the informant with fists and slaps and in any case the injuries are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of petitioners' arrest
Patna High Court CR. MISC. No.67505 of 2019(2) dt.07-11-2019 2/3 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 Judicial Magistrate, Pupri, Sitamarhi in connection with Sursand P.S.Case No. 283 of 2018, 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 remain physically present in court on each and every date during trial and petitioner no.2 shall be well represented in court 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
Patna High Court CR. MISC. No.67505 of 2019(2) dt.07-11-2019 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.
(Vikash Jain, J) HR/- U T