Om Hari @ Ritesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82169 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Om Hari @ Ritesh Son of Late Ram Badan Singh Resident of Village - Dhawa, P.S.- Bikramganj, District- Rohtas.

2.

Om Shambhu @ Kariman Son of Late Ram Badan Singh Resident of Village - Dhawa, P.S.- Bikramganj, District- Rohtas.

3.

Jay Hari @ Punu Son of Late Ram Badan Singh Resident of Village - Dhawa, P.S.- Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Bikramganj P.S. Case No. 96 of 2018, registered for the offences punishable under Sections 341, 448, 354, 504, 506, 323, 379 and 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against these petitioners is that petitioners along with other co-accused persons tried to take away the wife of informant. Petitioners are brothers-in-law (Sala) of the informant.

Patna High Court CR. MISC. No.82169 of 2019(2) dt.11-12-2019 2/3 It is submitted by learned counsel appearing on behalf of petitioners that there is case and counter case. Petitioners are none else than the brothers-in-law of the informant. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 96 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.82169 of 2019(2) dt.11-12-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T