Nirala Mishra @ Niranand Mishra Nirala And ORS v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11163 of 2019 Arising Out of PS. Case No.-949 Year-2018 Thana- COMPLAINT CASE District- Banka ======================================================
1. NIRALA MISHRA @ NIRANAND MISHRA NIRALA Son of Late Navin Chandra Mishra
2. Rajeev Mishra @ Rajeev Kumar Mishra Son of Late Viveka Mishra
3. Tanman Mishra @ Atmanand Mishra Tanman Son of Late Navin Chandra Mishra
4. Nirmala Devi @ Nirjala Devi Wife of Vivekanand Mishra
5. Mala Devi Wife of Rajiv Mishra
6. Amola Devi Wife of Saket Mishra
7. Saket Mishra @ Saket Kumar Mishra Son of Nirala Mishra All Resident of Village - Kenduar, P.S. - Amarpur, District - Banka. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalmani Devi Wife of Late Anant Mishra Resident of Village - Kenduar, P.S. - Amarpur, District - Banka.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sushil Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2019 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No.949 of 2018 registered under Sections 447, 323, 379, 384, 504 and 34 of the Indian Penal Code.
The complainant alleged that the petitioners entered into her house and abused her saying that she always quarrel on petty matters. She alleged that the accused persons assaulted her with fist and slabs and took away different articles. They also demanded extortion.
Patna High Court Cr.Misc. No.11163 of 2019(2) dt.25-02-2019 2/2 The learned counsel for the petitioners submits that there is a land dispute between two sides. The petitioners happen to be the co-sharers of the complainant. The occurrence took place on 30.06.2018 but the complaint was filed on 09.07.2018.
Considering the aforesaid facts and nature of allegation made against the petitioners and the fact that there appears to be the land dispute between both sides and the petitioners happen to be patidars of the complainant, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Complaint Case No.949 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Saurabh/- (Prabhat Kumar Jha, J) U T