High Court Patna High Court - Orders

Kamleshwari Rishideo & Anrs. vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Kamleshwari Rishideo & Anrs. vs The State Of Bihar on 21 September, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.29068 of 2011

                    1.Kamleshwari Rishideo, Son of Late Munay Rishideo.
                    2.Madan Rishideo, Son of Late Bhumi Rishideo.
                    3.Jagdeo Rishideo, Son of Late Bounu Rishideo.
                    4.Chouthi Rishideo, Son of Jagdeo Rishideo.
                    All residents of Village Pachira, P.S. Raniganj, District Araria.
                                                                               ---------- Petitioners
                                                     Versus
                    The State Of Bihar
                                                                            -------- Opposite Party
                                                     -----------

02/- 21.09.2011 Heard Mr. Anil Prasad Singh learned counsel for the

petitioners and Mr. Umesh Lal Verma learned Additional Public

Prosecutor for the State.

All the five petitioners apprehend their arrest in

connection with a case registered for the offence punishable under

Sections 147, 323, 354, 379, 354, 380, 384, 448, 436/34 of the Indian

Penal Code, are named accused in this complaint case.

After some argument, learned counsel for the petitioners

seeks permission to withdraw this application with respect to

petitioner no. 2 with a liberty to surrender before the court below

within a fortnight for a prayer of regular bail, which shall be

considered on its own merit, without being prejudiced of instant

withdrawal.

Permission is granted.

Accordingly, this application with respect to petitioner

no. 2, namely, Madan Rishideo stands disposed of as withdrawn.

As far as rest three petitioners are concerned,

submission is that there is general and omnibus allegation against

them and there is previous enmity also between the parties.
2

Considering the facts and circumstances of the case, in

the event of their arrest/surrender before the court below within four

weeks, let the above named petitioners be enlarged 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 Judicial

Magistrate, 1st Class, Araria, in connection with Complaint Case No.

3496C of 2010, 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 on each and every date at

least for two years or till disposal of the case, whichever is earlier, in

case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                             ( Akhilesh Chandra, J.)