Raja Pandey @ Raj Kishore Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24041 of 2019 Arising Out of PS. Case No.-846 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== 1.

RAJA PANDEY @ RAJ KISHORE PANDEY S/o Late Deodutt Pandey Resident of Village-Dhurgaon Ward No.9 P.S.-Madhepura (Bharrahi O.P.) District-Madhepura.

2.

Rajdeo Pandey S/o Late Deodutt Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura. 3.

Jay Kishore Pandey S/o Late Deodutt Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura. 4.

Jagdish Pandey S/o Late Deodutt Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura. 5.

Rupak Pandey Son of Raja Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura. 6.

Jagdamb Pandey@ Jagdeb Pandey @ Jagdam Pandey Son of Jagdish Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura.

7.

Radha Devi W/o Rajdeo Pandey Resident of Village-Dhurgaon Ward No.9, P.S.-Madhepura,(Bharrahi O.P.) District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Madhepura P.S. Case N0. 846 of 2018, disclosing offences under Sections 447,341,323,504,506,427,436,379/34 of the Indian Penal Code.

It is evident from the First Information Report that

Patna High Court CR. MISC. No.24041 of 2019(3) dt.17-04-2019 2/3 some land dispute is there between the informant's side and the persons named in the First Information Report. The persons accused belong to the same family and include female members of the family also. There is allegation of making assault and accused persons being armed with deadly weapons and they having set on fire, the informant's house.

A supplementary affidavit has been filed today, bringing on record a subsequent first Information Report filed by the side of the informant few months after registration of the earlier case.

On perusal of the First Information report, I am of the view that a case for grant of anticipatory bail is made out keeping in view the nature of dispute, genesis of the occurrence and the nature of accusation.

This application is accordingly allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in Madhepura P.S. Case No. 846 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.24041 of 2019(3) dt.17-04-2019 3/3 Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U