Pawan Mahaldar And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12186 of 2015 Arising Out of PS.Case No. -313 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Pawan Mahaldar.

2. Bhola Mahaldar.

3. Ram Chandra Mahaldar alias Sam Chandra Mahaldar.

4. Wakil Mahaldar.

5. Ravan Mahaldar.

6. Munna Mahaldar alias Munna Kumar Mahaldar.

7. Akhilesh Mahaldar alias Akhilesh Kumar Mahaldar.

8. Rajesh Mahaldar.

9. Urmila Devi.

10. Shiv Kumar Mahaldar.

11. Bijay Mahaldar.

12. Balram Mahaldar.

13. Satya Narayan Mahaldar.

14. Sudin Mahaldar.

15. Pinka Mahaldar.

16. Dinesh Mahaldar.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Mila Devi.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Ram Prawesh Kumar, Advocate. For the State : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a complaint case, registered under Sections 147, 149, 323, 447, 379, 436 and 504 of the I.P.C.

The accusation against all the petitioners that on

Patna High Court Cr.Misc. No.12186 of 2015 (2) dt.31-03-2015 2 / 3 01.01.2013, they badly assaulted the family members of the complainant and also took away the belongings of house of the complainant and again on 04.01.2013, they set the complainant's house on fire due to land dispute. Admittedly, the aforesaid complaint case was filed on 31.01.2013 i.e., after 27 days of occurrence.

The contention on behalf of the petitioners is that much prior to filing of present complaint, petitioner no. 5 lodged Srasi P.S. Case No. 01 of 2013, against the husband of the complainant and others for commission of murder of his mother and in retaliation to the aforesaid case, the complainant lodged the present complaint case.

From perusal of the impugned order, it appears that in course of enquiry of the present complaint case no injury reports were filed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest or surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners 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

Patna High Court Cr.Misc. No.12186 of 2015 (2) dt.31-03-2015 3 / 3 learned Chief Judicial Magistrate, Purnea, in connection with Complaint Case No. 313 of 2013, subject to condition as laid down under Section 438(2) of the Cr. P.C.

U.K./- (Hemant Kumar Srivastava, J) U T