Prabhat Kumar Mishra & Ors. vs The State Of Bihar on 29 August, 2011

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Patna High Court – Orders
Prabhat Kumar Mishra & Ors. vs The State Of Bihar on 29 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No.25937 of 2011
               1.     Prabhat Kumar Mishra,
               2.     Chhote Mishra @ Anvesh Kumar Mishra
                      Both sons of Sri Jagdish Mishra
               3.     Jagdish Mishra, son of late Ramdeo Mishra.
                      All resident of village - Khaira Pahari, P.S. - Purnahia,
               District - Sheohar.
                                                             -------- Petitioners.
                                             Versus
               The State of Bihar                       ------Opposite Party
                                              ------

02. 29.08.2011 Heard learned counsel for the petitioners

and learned Additional Public Prosecutor for the

State.

The petitioners, apprehending their arrest

in connection with Purnahia P.S. Case No. 24/2011,

pending in the court of S.D.J.M., Sheohar, are

named accused in this case with allegation of

dragging the informant in their house assaulting due

to some previous enmity.

Submission is that there is counter version

also by way of Purnahia P.S. Case No. 20/2011

instituted at the instance of son of petitioner no. 3.

Moreover, in both the cases parties have already

entered into compromise and in this regard

compromise petitions have been filed in respective

cases.

Considering the facts and circumstances of

the case, in the event of informant appearing before
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the court below supporting the factum of

compromise with his free will and consent without

any coercion and also stood as one of the bailors,

and in the event of their arrest or surrender within a

period of four weeks, let the above-named petitioners

be enlarged on bail on furnishing bail bond of sum of

Rs. 10,000/- (ten thousand only) each with two

sureties of the like amount each to the satisfaction

of S.D.J.M., Sheohar, in connection with Purnahia

P.S. Case No. 24/2011, subject to condition under

section 438(2) of the Code of Criminal Procedure,

and additional condition to attend the court

regularly at least for two years or till disposal of the

case, whichever is earlier and in the event of failure

on two consecutive dates, without any reasonable

explanation, the privilege granted shall be deemed to

be cancelled.

Rajeev/                          ( Akhilesh Chandra, J.)
 

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