IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59114 of 2019
Arising Out of PS. Case No.-107 Year-2017 Thana- GAUNAHA District-
West Champaran
1. SAHEB CHAUDHARY Son of Late Laxman Chaudhary Resident of Village
– Amolwa, P.S.- Gaunaha, Distt – West Champaran.
2. Babita Devi Wife of Sri Saheb Chaudhary Resident of Village – Amolwa,
P.S.- Gaunaha, Distt – West Champaran.
… … Petitioners
Versus
The State of Bihar
… … Opposite Party
Appearance :
For the Petitioners : Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party: Mr. Shailendra Kumar, APP
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 18-09-2019 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest for the
offences alleged under Sections 341, Section323, Section379, Section308, Section354, Section504/Section34
of the Indian Penal Code registered in connection with Gaunaha
P.S. Case No. 107 of 2017.
3. It is submitted that the petitioners have been falsely
implicated in the backdrop of land dispute and the parties are
agnates. The petitioners are husband and wife who are said to
have assaulted the informant with farsa and rod respectively but
in any event the injuries are simple in nature. The accusation
under Section 354 IPC against the petitioner no. 1 in presence of
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his wife petitioner no. 2 are highly improbable in nature. The
petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners’
arrest or surrender before the court below within six weeks from
the date of communication of this order, let the above named
petitioners be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Bettiah, West Champaran in connection with Gaunaha
P.S. Case No. 107 of 2017, subject to the conditions as laid down
under Section 438 (2) SectionCr.P.C., and also subject to the following
further conditions –
(i) That one of the bailors of each of the petitioners
shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any
similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the
investigation, if not already concluded, and make themselves
available as and when so required and in case of failure, the State
shall be at liberty to move for cancellation of bail.
(iv) That the petitioner no. 2 shall be well represented
in Court on each and every date during trial except as and when
directed by the learned Court below to be physically present and
petitioner no. 1 shall remain physically present in Court on each
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and every date, and in the event of failure on two consecutive
dates without sufficient reason, their bail bonds shall be liable to
be cancelled by the learned Court concerned.
(Vikash Jain, J)
Ibrar//-
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