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Patna High CourtCR. MISC./14121/2016disposed

Krishana Ballav @ Krishanbalav Prasad @ Krishanbalav Yadav And ANR v. The State Of Bihar

2016-03-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14121 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Krishana Ballav @ Krishan Balav Prasad @ KrishanBalav Yadav

2. Rita Devi W/o Krishana Ballav @ Krishan Balav Prasad @ KrishanBalav Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 341, 323, 379, 308, 504/34 of the Indian Penal Code.

The prosecution case is that on 05.01.2016 when the informant went out to ease, the petitioners came, variously armed, and snatched his golden chain and watch. On alarm being raised, the villagers came and saved the informant. It is further alleged that the informant had given Rs. 83,000/- to the petitioners but the petitioners are not returning the amount and trying to kill him. It is submitted by the learned counsel for the petitioners that in the backdrop of previous land dispute between the parties the incident took place and Misc. Case No. 175 of 2015 was lodged by the petitioners' side at earlier point of time.

Patna High Court Cr.Misc. No.14121 of 2016 (2) dt.31-03-2016 2/2 Considering the fact that accusation against petitioner No.2 is omnibus and general, let the petitioner No.2, namely, Rita Devi, be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Nalanda in connection with Islampur P.S. Case No. 08 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

So far as petitioner No.1 is concerned, since he is carrying criminal antecedent and is involved in two other cases, let the learned court below consider the prayer for regular bail of the petitioner No.1 in case he surrenders within six weeks from today in connection with Islampur P.S. case No. 08/2016 pending in the court of learned A.C.J.M., Nalanda.

This application is disposed of with the aforesaid observation/direction (Dinesh Kumar Singh, J) BKS/- U T