Onkarjit Singh Ahlunaua v. State Of Bihar

Akhilesh Chandra, J.:— Supplementary affidavit has been filed on behalf of the petitioners during course of the day.

2. Heard the parties.

3. The two petitioners, apprehending their arrest in connection with a case registered for the offence punishable under Sections 342, 354 and 352 of the Indian Penal Code and 3(i)(x) and 3(i)(ix) S.C/S.T (Prevention of Atrocities) Act, are named accused in this case instituted on basis of Complaint Case No. 1079C of 2009, wherein, the police after investigation submitted final form exonerating the petitioners, but taking a different note, cognizance has been taken.

4. Submission is of false implication at the behest of brother of the petitioners at whose house the complainant-opposite party no. 2 is serving as a Maid and these petitioners have some dispute with their brother. On the other hand learned counsel appearing on behalf of complainant-opposite party no. 2 has objected with assertion that she was neither witness nor ever examined in the case filed against the petitioners by their brother, i.e, her employer. Further, as submitted, none of these two petitioners carry any criminal antecedent.

5. If it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender before the court below within four weeks, let the petitioners abovenamed be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Begusarai, in connection with SC/ST PS. Case No. 65 of 2009, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.