High Court Patna High Court - Orders

Shailendra Narayan Singh @ … vs The State Of Bihar on 9 August, 2011

Patna High Court – Orders
Shailendra Narayan Singh @ … vs The State Of Bihar on 9 August, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.23573 of 2011
                 1. Shailendra Narayan Singh @ Shailendra Kumar Singh, S/O
                     Late Kamleshwari Pd. Singh,
                 2. Kumari Rina, W/O Shailendra Narayan Singh @ Shailendra
                     Kumar Singh
                     Both are R/O Village- Rahuamani, P.S.- Bangaon, Distt-
                     Saharsa.                                 ....Petitioners.
                                               Versus
                  The State of Bihar                         ... Opp. Party.
                                             -----------

2 09.08.2011 Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

Both the aforesaid petitioners apprehend their arrest

in connection with Complaint case No. 110 of 2010 for the

offences punishable under Sections 147, 448, 427, 353 and

504 of the Indian Penal Code, pending in the Court of the

learned Judicial Magistrate, First Class, Saharsa, are named

accused in this case with allegation to causing innocence and

disturbing the complainant and discharging of his duties just

in order to pursue upon him to make petitioner no. 2 her

signature upon attendance register during period of her

absence.

Submission is that dispute between the parties has

already been resolved and the petitioner has already filed

compromise petition.

If it is so, the complainant appearing before the
2

court below and on due identification supports the factum of

compromise with her free will and consent without any

coercion and also stood as one of the bailors, in the event of

his arrest/surrender before the court below within four weeks,

let the above named both 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

the learned Judicial Magistrate, Ist Class, Saharsa, in

connection with Complaint Case No. 110 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 of 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.

Bhardwaj                              (Akhilesh Chandra, J)