Shyam Chaudhary @ Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2765 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== 1.

Shyam Chaudhary @ Sanjay Chaudhary Son of Munshi Chaudhary Resident of Village - Jalay, P.S.- Sikandara, Distt.- Jamuai. 2.

Budhani Devi @ Sharee Devi Wife of Shyam Chaudhary @ Sanjay Chaudhary Resident of Village - Jalay, P.S.- Sikandara, Distt.- Jamuai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Sikandra P.S. Case No. 248 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. There is case and counter case.

It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. The informant has lodged present case to save his skin from the case earlier lodged from the petitioners' side, vide Sikandra P.S. Case No. 238 of 2019. It is further submitted that the injury found on the person of informant and others is simple in nature by the doctor. Petitioner no. 1 and informant are own brothers.

Patna High Court CR. MISC. No.2765 of 2020(2) dt.27-02-2020 2/2 Petitioners are husband & wife and they have got no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri M.K. Pandey, learned Judicial Magistrate 1st Class, Jamui in connection with Sikandra P.S. Case No. 248 of 2019 on the following conditions: "(1) Petitioners shall cooperate 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 on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T