Vijal Rishideo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11392 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================

1. Vijal Rishideo S/o Sindhu Rishideo

2. Rubi Devi W/o Vijal Rishideo Both Residents of Village-Sindhubari, ward no. 15 Sahpur (Bhabera Tola), P.S.- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Pawan Kumar, Advocate For the I n f o r m a n t : M/s Uday Chand Pd & Manoj Kr, Advocates For the S t a t e : Smt Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners, informant and the learned APP for the State.

Petitioners seek bail in a case registered under Sections 341, 448, 323, 324, 307, 354B, 302, 120B/34 of Indian Penal Code and Section 27 of the Arms Act.

The petitioners, who have clean antecedent, are said to have been named in the instant case as rivalry is existing between the parties from before. It is submitted on behalf of the petitioners that at best, the first information report discloses the allegation of hatching conspiracy leading to the occurrence. It is further submitted that in fact the occurrence has taken place during some dispute, between the sister of the deceased and the

Patna High Court Cr.Misc. No.11392 of 2018 (3) dt.05-04-2018 2/2 miscreants and only as a result of past enmity between the parties, the petitioners have falsely been implicated in this case. They are in custody in connection with this case since 12.12.2017. Considering the aforesaid submission, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Uda Kishunganj, District - Madhepura in Gwalpara Police Station Case No 171 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T