Hare Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17232 of 2020 Arising Out of PS. Case No.-6635 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== HARE RAM SINGH S/o Late Kanhaiya Singh Resident of VillageKalyanpur Madhubani Tola Jagiraha, P.S.- Sidhwaliya, Distt- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Devanti Devi W/o Mushafir Pandit Resident of Village- Kalyanpur Madhubani, P.S.- Sidhwaliya, Distt- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 6635 of 2015, Tr. No. 1876 of 2019 for the offence registered under Sections 323, 420 and 406 of the Indian Penal Code.

The allegation is regarding sale consideration having been paid by the complainant to the petitioner herein but the

Patna High Court CR. MISC. No.17232 of 2020(2) dt.15-09-2020 2/3 petitioner did not execute the sale deed in favour of the complainant and instead had arrived at the disputed land on 17.05.2015 at 10:00 a.m., uprooted the paddy seedling, hurled abuses and had assaulted the complainant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having clean antecedent. It is further submitted that a false and concocted story has been cooked up by the informant and no incident as alleged, has ever taken place.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that there is no material on record to show that any injury has been inflicted upon the complainant and moreover the dispute in question appears to be in the nature of civil dispute, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his

Patna High Court CR. MISC. No.17232 of 2020(2) dt.15-09-2020 3/3 arrest/surrender before the court below within a period of four 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 Judicial Magistrate-1st Class, Gopalganj in connection with Complaint Case No. 6635 of 2015 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T