Sanjay Kumar Sinha And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9018 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- BUDDHACOLONY District- Patna ======================================================
1. Sanjay Kumar Sinha, aged about 57 years, Male, S/o Late Ram Das Sinha
2. Pushpa Sinha, aged about 55 years, Female, W/o Dr. Sanjay Kumar Sinha, both resident of Sinha White House, Near Rajapur Pul, East Boring Canal Road, P.S-Budha Colony, Distt-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 420 and 406/34 of the IPC.
The prosecution case, as per the written report of Dr. Ajay Kumar Sinha, dated 07.10.2018, submitted to the Station House Officer, Budha Colony Police Station, is to the effect that the informant is having four brothers and he has constructed his parental house on the land measuring an are of 4 katha and 6 dhurs, but since he is employed outside, he use to reside in Lucknow since 1995. It is further alleged that whenever the informant used to come, the petitioners, being the brother of the
Patna High Court Cr.Misc. No.9018 of 2019(2) dt.15-02-2019 2/3 informant and his wife, used to obstruct him to enjoy the possession of his share in the house. On 06.01.2018, at 5 P.M., when the informant reached at his house from Lucknow then the petitioners abused the informant, ousted him from the house and also gave him life threat. It is further alleged that the petitioners snatched cash amount of Rs. 30,000/- from the mother of the informant and also withdrew Rs. 1.5 crore fraudulently from the account of his father.
It is submitted by learned counsel for the petitioner that in the background of share dispute, the accusation has been levelled against the petitioners. For the last occurrence of 06.01.2018, the FIR was registered on 07.01.2018. Learned APP submits that the accusation is specific against the petitioners.
Considering the nature of accusation levelled in the background of share dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-XI, Patna in connection with Budha Colony P.S. Case No. 393 of 2018,
Patna High Court Cr.Misc. No.9018 of 2019(2) dt.15-02-2019 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T