Patna High CourtCR. MISC./68190/2019bail granted

Rajendra Roy v. The State Of Bihar

2019-11-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68190 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- DAGARUA DistrictPurnia ====================================================== 1.

RAJENDRA ROY Son of Sri Moti Roy Resident of Village-Belgachhi, P.SDagarua, District-Purnea. 2.

Sova Devi Wife of Sri Upendra Roy Resident of Village-Belgachhi, P.SDagarua, District-Purnea. 3.

Anjali Devi Wife of Sri Rajendra Roy Resident of Village-Belgachhi, P.SDagarua, District-Purnea. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Amit Kumar Anand, Advocate.

For the Opposite Party:

Mr. Rajiv Nayan, APP ====================================================== 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, 324, 307, 504 and 506 of the Indian Penal Code registered in connection with Dagarua P.S. Case No. 126 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties, who are agnates. Learned counsel for the petitioners invites reference to the order of the learned Sessions Judge, Purnea and submits that the injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, 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

Patna High Court CR. MISC. No.68190 of 2019(2) dt.07-11-2019 2/2 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Smt. Angira Kumari, learned Judicial Magistrate 1st Class,, Purnea in connection with Dagarua P.S. Case No. 126 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate 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 and petitioner nos. 2 and 3 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 bail bonds shall be liable to be cancelled by the learned Court concerned.