Suratiya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28016 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Suratiya Devi, W/o Ram Pravesh Sah,
2. Nanhak Kumar @ Nank Kumar S/o Ram Pravesh Sah, Both are R/o Vill.- Rajepur Nawada, P.S.- Pakaridaya, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioners are apprehending their arrest in connection with Pakaridayal P.S. Case No. 58 of 2017 registered for offences punishable under Sections 147, 148, 149, 323, 324, 504, 307 and 506 of the Indian Penal Code.
Allegation against the petitioners is that they have assaulted the son of the informant.
It has been submitted on behalf of the petitioners that police after investigation has found the case un-true. However, the learned Magistrate has taken the cognizance, differing with the opinion of police. No specific allegation has been attributed against them. There are general and allegations and they have no criminal antecedent.
Patna High Court Cr.Misc. No.28016 of 2018 (2) dt.15-05-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioners have no criminal antecedent and only general and omnibus allegation has been levelled against them, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-V, East Champaran at Motihari in connection with Pakridayal P.S. Case No. 58/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make them available as and when required by the police and on the event of failure on their part to appear before the
Patna High Court Cr.Misc. No.28016 of 2018 (2) dt.15-05-2018 3/3 police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sushma/- U T