Birendra Paswan @ Birendra Ram And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21894 of 2015 Arising Out of PS.Case No. -746 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Birendra Paswan @ Birendra Ram Son of Paras Paswan

2. Rajesh Kumar Paswan @ Rajesh Kumar Son of Birendra Paswan @ Birendra Ram Both resident of Village : Surajpura, P.S. Surajpura, District : Rohtas.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Ramjee Pandey son of Late Sheo Beyas Pandey resident of Village : Kharoj, P.S. : Suryapura, District : Rohtas.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Satyapal Singh For the Opposite Parties : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 417 of the Indian Penal Code.

It is alleged that 40.5 quintal of wheat worth Rs. 48,885/- was taken by the petitioners on credit but only part payment was made and when due amount was demanded then threatening was made.

It is submitted by learned counsel for the petitioner that prior to filing of the present complaint, the petitioners filed Complaint Case No. 171 of 2014 against the present complainant on 05.03.2014 wherein processes were

Patna High Court Cr.Misc. No.21894 of 2015 (2) dt.24-06-2015 2/2 directed to be issued after cognizance being taken on 31.07.2014 under Sections 323, 341, 379, 406, 420, 504 of the Indian Penal Code and Section 3⁄4 of the SC & ST (Prevention of Atrocities) Act and thereafter the present complaint was filed on 20.09.2014.

Considering the fact that complaint filed by the petitioners is at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint Case No. 746 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T