IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4010 of 2010 1. BHULLA MANDAL, SON OF LATE JHAROKHI MANDAL 2. MADAN MUKHIYA, SON OF PATASHI MUKHIYA 3. BINOD SAHANI, SON OF GARIB SAHANI Versus STATE OF BIHAR ----------- 2. 17/02/2010 Heard learned Counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 467, 468, 471, 420, 452, 380, 323, 354, 341, 447, 440, 504, 427, 34 and 120B of the Indian Penal Code. It has been submitted that the Informant, Gauri Nath Jha and Santosh Murarka were on litigating terms with regard to the Informant’s share of land and in the said dispute, the petitioners are said to have entered into the house of the Informant and terrorized her. It has been submitted that the petitioners have no criminal antecedents and they are in custody since 18.12.2009. Under the circumstance, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 355 of 2009 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is 2 related with the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Superintendent of Police as well as the Officer-in-Charge, Madhubani, P.S. is directed to keep a watch on the petitioners’ activity so that they do not cause any harm to the Informant who is a poor and helpless lady. In case, the petitioners again try to disturb the Informant, it would be open to her to file an application before the court to initiate a proper proceeding in the matter. Let this order be communicated through FAX to the Suprintendent of Police, Madhubani, at the cost of the State. S.Ali (Anjana Prakash, J.)