High Court Patna High Court - Orders

Ashok Kumar vs The State Of Bihar on 21 November, 2011

Patna High Court – Orders
Ashok Kumar vs The State Of Bihar on 21 November, 2011
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                 IN THE HIGH COURT OF JUDICATURE AT PATNA

                             Criminal Miscellaneous No.37811 of 2011

                 Ashok Kumar S/o Ganga Sagar Sharma, R/o Village
                 Basbaria Korhiya tola, P.s. Sitamarhi, District-Sitamarhi.
                                                          --Petitioner
                                            Versus
                 The State Of Bihar                       --Opp.Party

                                            With
                           Criminal Miscellaneous No.38092 of 2011

                  Nusrat Khatoon W/o Md. Sohail Anwar, R/o Village-
                  Chakni, P.S. Sursand, District-Sitamarhi.
                                                          --Petitioner
                                           Versus
                   The State Of Bihar                    --Opp.Party


                   For the Petitioners          : M/s Ajay Kr. Thakur,
                                                      Md. Imteyaz Ahmad &
                                                      Vivekanand Singh

                   For the State                : Mr. Ajay Kr. Jha, A.P.P.
                                                    (In Cr.Misc. 38092/2011)


2   21.11.2011

Heard learned counsel for the

petitioners and learned counsel for the State.

Both the applications arise out of same

P.S. Case number. Hence, they are being disposed

of by this composite order.

Petitioners are named accused in this

case. Submission is that under similarly

circumstances co-accused Md. Rafiur Rahman
2

and Satendra Kumar had already been granted

the privilege by composite order dated 11.11.2011

passed in Cr.Misc. no. 36016 with Cr.Misc. no.

36092, both of 2011.

In view of the above, the petitioners, in

the event of arrest or surrender within four weeks

from today, are directed to be enlarged on bail on

furnishing bonds of Rs.10,000/- (Rupees ten

thousand) with two sureties of the like amount

each to the satisfaction of the Chief Judicial

Magistrate, Sitamarhi, in Sitamarhi P.S. Case no.

595 of 2010, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure

with additional condition that the petitioners

shall remain present before the court below for

two years or till disposal of the case, whichever is

earlier. If the petitioners fail to remain present

on two consecutive dates without any reasonable

explanation the privilege granted shall be deemed

to be cancelled.

( Akhilesh Chandra, J.)
AAhmad