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Patna High CourtCR. MISC./12966/2018bail granted

Saroj Bind And ANR v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12966 of 2018 Arising Out of PS.Case No. -729 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Saroj Bind

2. Mahendra Bind @ Mahendra Kumar, both sons of Banshi Bind, Resident of Village- Saidrakala, P.S. Bhabua, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bhabua P.S.Case no.729 of 2017, G.R.No.2732 of 2017 registered for offences punishable under Sections 341, 323, 354(B)/34 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the informant and his daughter-in-law and during that course, her 'Sari' was removed.

Submission of the learned counsel for the petitioners is that the land dispute is in between the parties and no specific allegation has been attributed against the petitioners. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.12966 of 2018 (2) dt.03-04-2018 2/2 circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., Kaimur at Bhabua in connection with Bhabua P.S.Case no.729 of 2017, G.R.No.2732 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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 petitioners shall co-operate in the investigation and make themselves available as and when required by the Police otherwise the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T