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Patna High CourtCR. MISC./36641/2018disposed

Amarendra Singh @ Amarend Kumar Singh And ORS v. The State Of Bihar

2018-07-02Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36641 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Amarendra Singh @ Amarend Kumar Singh, S/o Awadhesh Singh @ Awadhesh Kumar Singh,

2. Ruchi Kumari @ Ruby Kumari W/o Amarendra Singh @ Amarend Kumar Singh,

3. Pintu Singh @ Amarendra Kumar Bahadur S/o Ravindra Singh, All R/o Vill.- Uma Nagar, P.S.- Chapra Muffasil, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 467, 468, 469, 471, 420, 384, 386, 120(B) and 34 of the Indian Penal Code.

Allegation has been made that the informant is owner of the land and he has gone for construction of his house whereupon the petitioners and others have demanded extortion money then only to allow him to construct the house on the basis of forged and fabricated documents. When he refused, these persons came and assaulted him mercilessly. Learned counsel for the petitioners submitted that a Title

Patna High Court Cr.Misc. No.36641 of 2018 (3) dt.02-07-2018 2 /2 Suit is pending before the civil Court. The petitioners have criminal history mentioned in para no.3. However, petitioner no.2 is female (wife) of the petitioner no.1. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner no.2, namely, Ruchi Kumari @ Ruby Kumari, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffassil P.S. Case No.49 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

With respect to petitioner nos. 1 and 3, namely, Amarendra Singh @ Amarend Kumar Singh and Pintu Singh alias Amarendra Kumar Bahadur, this Court is not inclined to enlarge them on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the said petitioners surrender before the court below within a period of three weeks, the court below will pass an order on the same day on its own merit without being prejudiced by the order passed by this Court.

(Shivaji Pandey, J) Vinay/- U T