Suman Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31880 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Suman Pandey, Daughter of Yamuna Pandey
2. Santosh Pandey, son of Yamuna Pandey
3. Sushil Pandey, son of Yamuna Pandey
4. Jamuna Pandey, son of Late Rameshwar Pandey
5. Brij Bihari Pandey, son of Late Rameshwar Pandey All resident of Village- Shahpur, P.S.- Sheosagar, District Rohtas at Sasaram(Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lallan Pandey, Advocate For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners, except petitioner No.1 Suman Pandey, are apprehending their arrest in connection with Shivsagar P.S. Case No.49 of 2015 for allegedly having committed the offences under Section 147, 148, 323, 341, 379, 307 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that the dispute in question arose on the spur of the moment and there is general and omnibus allegation against the petitioners. Admittedly, there is a land dispute.
Patna High Court Cr.Misc. No.31880 of 2015 (3) dt.09-09-2015 2/2 Considering the nature of allegations made against the petitioners and the fact that the informant and the petitioners are agnates and also that the dispute was neither premeditated nor pre-planned as it had occurred on the spur of the moment, let Petitioner Nos.2 to 5, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas, in connection with Shivsagar P.S. Case No.49 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T