Dharmendra Kumar @ Babloo Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44524 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Dharmendra Kumar @ Babloo Poddar, Son of Late Ramdeo Poddar, Resident of Village - Gwalpara, Police Station - Gwalpara, District - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Opposite Party/s : Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Gwalpara P.S. Case No.32 of 2016, registered for offences alleged under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in the First Information Report there is no specific allegation against the petitioner and the accused persons including the present petitioner are named in the FIR on suspicion. It is the case of the informant that her husband has land dispute with co-villager Pravin Kumar which was going on for last two years. It is further alleged that four days ago co-villagers named in the FIR including the

Patna High Court Cr.Misc. No.44524 of 2017 (2) dt.19-09-2017 petitioner had come to pressurize the husband of the informant to surrender the land and had also threatened him. The allegation of threatening is specifically made against the Pravin Kumar. It is only thereafter the son of the informant was killed. There is, however, no witness to the occurrence and Pravin Kumar, coaccused, has already been granted regular bail by a coordinate Bench of this Court vide Cr.Misc. No.55377 of 2016. The order is enclosed as Annexure-2 to the present application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances particularly that the thrust of the allegation in the FIR is against Pravin Kumar, who has been granted bail by a coordinate Bench of this Court, let the petitioner, namely, Dharmendra Kumar @ Babloo Poddar be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No.32 of 2016, subject to the conditions U/S 437(3) Cr.P.C. Arvind/- (Rajeev Ranjan Prasad, J) U T