1. The matter has been heard via video conferencing.
2. Heard Mr. Binod Kumar, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State.
3. The petitioners apprehend arrest in connection with Gogri (Paura) PS Case No. 270 of 2020 dated 20.07.2020, instituted under Sections
341/323/354/504/506/379/34 of the Indian Penal Code.
4. The allegation against the petitioners is of abuse and assault on the informant and also of pressing the throat and taking away of gold ornament from
her.
5. Learned counsel for the petitioners submitted that the parties are agnates and even the genesis of the incident is filling of earth on the passage and
due to rain the informant had slipped and then it is alleged that the incident took place. It was submitted that no such incident took place as in the injury
report, only pain and swelling on the right eye and redness has been found by the doctor. It was submitted that the parties are at loggerheads as earlier
also they had lodged a case. Learned counsel submitted that the allegation of snatching of gold chain is cosmetic and petitioner no. 3 and husband of
the informant are full brothers.
6. Learned APP submitted that the petitioners are causing trouble to the informant side and have also assaulted her in the present case. However, he
did not controvert that the injury recorded by the doctor is only pain and swelling on the right eye and redness and the same has been caused by hard
and blunt substance, in view of copy of the same having been brought on record by way of Annexure-2.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender
before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five
thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Gogri (Paura) PS Case No.
270 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall
be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii)
that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in violation of any
law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the
undertaking shall lead to cancellation of his bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every
date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court
concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners.
9. The application stands disposed off in the aforementioned terms.
