Laljhari Devi @ Jhari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61030 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Laljhari Devi @ Jhari Devi, Wife of Shankar Mahto, null

2. Ajay Mahto, Son of Shankar Mahto,

3. Shankar Mahto, Son of Late Kari Mahto. All resident of VillageDhankharaiya, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 The petitioners are in custody since 27.05.2018 in connection with Harsidhi P.S. Case No. 197 of 2018, registered for offences punishable under Section 302/34 of the Indian Penal Code.

Allegation against the petitioners and two other accused persons is of assault by lathi and danda to the brother of the informant, who succumbed to the injury during treatment and there is also allegation of assault to the father of the informant. Submission of learned counsel for the petitioners is that there is general and omnibus allegation of assault against the petitioners by lathi and danda and no specific allegation has been attributed to them and they are in judicial custody for more than

Patna High Court Cr.Misc. No.61030 of 2018 (2) dt.11-10-2018 2/3 four months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances as stated above and also considering that nothing specific against the petitioners, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Harsidhi P.S. Case No. 197 of 2018, with following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing

Patna High Court Cr.Misc. No.61030 of 2018 (2) dt.11-10-2018 3/3 any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T