Ranjana Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57351 of 2015 Arising Out of PS.Case No. -2536 Year- 2013 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Ranjana Devi wife of Devendra Mandal

2. Pradum Kumar Mandal @ Pradum Kumar @ Pradum Mandal Son of Devendra Mandal

3. Mithlesh Kumar Mandal @ Mithlesh Kumar son of Jogendra Mandal

4. Devendra Mandal son of Late Shiv Mandal All resident of villageKumrath P.S.- Kajraili, District- Bhagalpur .... .... Petitioners

Versus

1. The State of Bihar.

2. Lateshwar Mandal son of Chamru Mandal resident of Village- Kumrath P.S. Kajraili, District- Bahgalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Manoj Kumar Jha, Advocate For the State : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 323, 379 and 504 of the Indian Penal Code.

Allegation is that the petitioners cut away the Neem tree from the land of the complainant and when objection was raised by the complainant they took away the boring machine and other utensils/equipments kept in the hutment and demanded one lac rupees as extortion from the complainant otherwise they threatened him to destroy his orchard.

It is contended that obviously there is a dispute with respect to the land. It is further contended that no First Information Report was lodged by the complainant and even the complaint petition

Patna High Court Cr.Misc. No.57351 of 2015 (2) dt.20-01-2016 filed by the complainant was not referred to the Police Station for investigation though there was allegation of committing theft and there is variation in the statement of the complainant made in the complaint case and in his solemn affirmation. Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Ranjana Devi, Pradum Kumar Mandal alias Pradum Kumar @ Pradum Mandal, Mithilesh Kumar Mandal @ Mithilesh Kumar and Devendra Mandal, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 2536 of 2013 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, Ist Class, Bhagalpur subject to the conditions laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) SC/- U T