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
2
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.)