Guddu Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14110 of 2019 Arising Out of PS. Case No.-824 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) * ====================================================== 1.
Guddu Bind, Son of Garib Bind, aged about 22 years, Male, Resident of Village - Bahuwan, P.S. Sonhan, District Kaimur at Bhabua 2.
Garib Bind, aged about 58 years, Male, Son of Late Somaru Bind, Resident of Village - Bahuwan, P.S. Sonhan, District Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2019 Heard both sides.
Petitioners apprehend their arrest in Bhabua P.S. Case No.824 of 2018, registered under Sections 341, 323, 504, 379, 354(B) and 436/34 of the Indian Penal Code.
The informant alleged that on 6.11.2018 she was returning to her house from Bhabhua along with her husband after getting her husband treated by a doctor but the petitioners Guddu Bind, Garib Bind along with Kamla Bind and others assaulted the informant and her husband. The accused persons also put her down on the ground with intention to outrage her modesty and set ablaze her house after taking different articles from her house.
Patna High Court CR. MISC. No.14110 of 2019(2) dt.07-03-2019 2/3 Learned counsel for the petitioners submits that the occurrence is said to have taken place on 26.11.2018 but the information to the police was given on 03.12.2018. Prior to institution of the present case, the daughter of Garib Bind, petitioner no.2, filed Bhabua P.S. Case No.756 of 2018 against the brother-in-law and other family members of the informant. There is land dispute between the two sides and on account of such land dispute, there is case and counter case. Title Suit No.467 of 2016 is also pending between the parties in which Srikant Bind, the husband of the informant, is plaintiff along with his two brothers and father.
It appears from perusal of the records that the informant alleged that the occurrence took place on 26.11.2018 but the informant filed the petition before the S.H.O. on 03.12.2018. There is case and counter case and it appears that Title Suit No.467 of 2016 is pending between the parties in which the husband of the informant is also one of the plaintiffs. Considering the facts aforesaid, let 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 this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.14110 of 2019(2) dt.07-03-2019 3/3 amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabua in connection with Bhabua P.S. Case No.824 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T