Mangla Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30194 of 2014 Arising Out of PS.Case No. -167 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Mangla Kumari, wife of late Ram Ratan Paswan
2. Ranjeet Paswan, son of late Ram Ratan Paswan
3. Bishwajeet Paswan, son of Late Ram Ratan Paswan
4. Raju Paswan @ Tarun Paswan, son of Late Ram Ratan Paswan
5. Sangram Paswan @ Indrajeet Paswan, son of Raja Paswan
6. Mukesh Paswan, son of Bhola Paswan All are residents of Mohalla Rambagh Professor Colony, P.S. Sadar Purnea, District-Purnea. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh, Adv. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Purnea Sadar P.S. Case No. 167 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 380 and436 of the Indian Penal Code, seek the privilege of pre-arrest bail.
Allegedly, the petitioners being armed with deadly weapons, such as, gun, Katta, Dabiya came at the house of the informant, demanded documents and on refusal started throwing the household articles and further took away important documents, cash of Rs. 25,000/- and some ornaments, valued at Rs. 35,000/- and thereafter Ranjeet and Bishwajeet started sprinkling the
Patna High Court Cr.Misc. No.30194 of 2014 (2) dt.21-01-2015 kerosene oil and Ranjeet Paswan burnt the house and thereafter they went away after causing threats to kill the informant and his family members.
Submission is of false implication, due to land dispute, which is going on between the parties. It is also submitted that this case is out and out false and concocted. Nothing has been burnt and nothing has been taken away. Probate Title Suit is going on, wherein both the parties have been restrained. The dispute appears purely of civil nature, to which the learned A.P.P. opposes. Considering the submissions attributed against the petitioners and noticing that due to civil dispute, the case has been lodged and both the parties are litigating tooth and nail and as such, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No. 167 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Jitendra Mohan Sharma, J.) Vats/- U T