IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27715 of 2010
1.
CHINTA DEVI, Wife of Bindeshwar Mandal
2.MINTU KUMAR MANDAL
3.SONU KUMAR MANDAL
Both Sons of Bindeshwar Mandal, All Resident of Sahpur, Bichala Tola, P.S. Kanti, District
Muzaffarpur.
…….Petitioners
Versus
THE STATE OF BIHAR
…….Opposite Party
02/- 11-10-2010 Heard learned counsel for the petitioners and Additional
Public Prosecutor for the State.
Petitioners being named accused in this case instituted on
basis of complaint case were earlier granted the privilege by learned
Sessions Judge, Muzaffarpur vide order dated 28.11.2008 in A.B.P.
No. 1254 of 2008, but within stipulated period they fail to avail.
Subsequently, their prayer for extension of period was refused vide
order dated 13.08.2009 in Cr. Misc. No. 69 of 2009. Since main
allegation appears against non-petitioner Bindeshwar Mandal, who is
further said to have been expired.
Considering the facts and circumstances of the case, in the
event of their arrest/surrender before the court below within four
weeks of receipt of the copy of this order, petitioners, namely, 1.
Chinta Devi, 2. Mintu Kumar Mandal and 3. Sonu Kumar Mandal, are
directed to be released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand only) each with two sureties of the like amount each to
the satisfaction of Sub-Divisional Judicial Magistrate, (West)
-2-
Muzaffarpur in connection with Kanti P.S. Case No. 207 of 2006,
subject to condition laid down under Section 438 (2) of the Criminal
Procedure Code with additional condition to remain physically present
before the court below till disposal of the case, in case of failure on
two consecutive dates, the liberty shall be deemed to be cancelled.
Praveen (Akhilesh Chandra, J.)