Jibachh Kamait @ Jibachh Kamet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78777 of 2019 Arising Out of PS. Case No.-374 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

JIBACHH KAMAIT @ JIBACHH KAMET Son of Late Ramdeo Kamait Resident of Village - Maheshpatti, Ward No. 14, P.S.- Narpatganj (Ghurana O.P.), District - Araria.

2.

Subodh Kamait @ Subodh Kamet Son of Late Ramdeo Kamait Resident of Village - Maheshpatti, Ward No. 14, P.S.- Narpatganj (Ghurana O.P.), District - Araria.

3.

Chandrika Devi Wife of Late Ramdeo Kamait Resident of Village - Maheshpatti, Ward No. 14, P.S.- Narpatganj (Ghurana O.P.), District - Araria.

4.

Asha Devi Wife of Subodh Kamait Resident of Village - Maheshpatti, Ward No. 14, P.S.- Narpatganj (Ghurana O.P.), District - Araria. 5.

Mamta Devi Wife of Jibachh Kamait Resident of Village - Maheshpatti, Ward No. 14, P.S.- Narpatganj (Ghurana O.P.), District - Araria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Narpatganj (Ghurana) PS Case No. 374 of 2019 registered under Sections 341, 323, 324, 379, 504 and 506/34 of the IPC.

It is submitted by petitioners' Counsel that owing to a land dispute entire family members of the petitioners have been implicated in this case. Falsity of the allegation is evident from the unexplained delay in lodging the FIR on 28.6.2019 whereas the occurrence is alleged to have taken place on 25.6.2019. The

Patna High Court CR. MISC. No.78777 of 2019(2) dt.03-12-2019 2/2 allegations are not supported by the injury report which as per the doctor is simple in nature.

Learned APP for the State opposes the prayer. Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in Narpatganj (Ghurana) PS Case No. 374 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T