Patna High CourtCR. MISC./13735/2016bail granted

Rakesh Pandey And ANR v. The State Of Bihar

2016-03-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13735 of 2016 Arising Out of PS.Case No. -43 Year- 2014 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Pandey S/o Late Sita Ram Pandey

2. Sima Devi W/o Rakesh Pandey Both R/o Shyampur P.S. Adapur District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2016 Heard learned counsels for the petitioners and the State. The petitioners being brother and sister-in-law of late husband of informant are apprehending arrest in a case registered for the offences punishable under Section 323, 379, 498A, 427, 504, 506/34 of the Indian Penal Code.

The prosecution case is that after death of the husband of informant the petitioners used to torture her and tried to capture her lands which were partitioned prior to death of her husband. It is further alleged that petitioner No.1 took away masoor crop of the informant and on protest being made she was abused by petitioner No.1.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.13735 of 2016 (2) dt.29-03-2016 2/2 that in the backdrop of civil nature of dispute the accusation has been levelled and even assuming the accusation no case under Section 498A of the IPC is made out. At an earlier point of time the petitioners were made accused by the informant in Adapur P.S. case No. 109 of 2011 under Section 341, 323, 324, 307, 498A/34 of the IPC wherein the petitioners are on bail. Considering the aforesaid facts, let the above named petitioners 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 SDJM, Raxaul, East Champaran in connection with Adapur P.S. Case No. 43 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) BKS/- U T