Guddu Tiwary @ Gudu Tiwary And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51106 of 2017 Arising Out of PS.Case No. -295 Year- 2015 Thana -SAHPUR District- BHOJPUR ======================================================
1. Guddu Tiwary @ Gudu Tiwary, Son of Late Devnath Tiwary,
2. Ashok Tiwary @ Sadhu Tiwari, Son of Late DEvnath Tiwary,
3. Jitendra Tiwari, son of Late Shik Kumar Tiwary, All Resident of Village-Barisavan, P.S. Sahpur, District-Bhojpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sahpur P.S. Case no. 295 of 2015, registered under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code. The accusation is that petitioners along with 4-5 others entered in the house of the informant Asha Devi, wife of Lav Kumar Tiwary at that time, petitioner No. 1 laid the informant and caught hold her neck and started to outrage her modesty by torning her Blouze and all the accused caused injury to the informant and took ornaments worth of Rs. 65,000/- from the box.
Learned counsel for the petitioners submits that, in fact, the informant and the petitioners are Gotia and recently partition took place between them. Further submission is that there is dispute of land
Patna High Court Cr.Misc. No.51106 of 2017 (2) dt.30-10-2017 2/2 situated in front of house of the petitioners and informant and her family wanted to grab the land and due to that reason, protest was made and only to give undue pressure, this false case has been lodged. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M-XIV, Bhojpur Ara in connection with Sahpur P.S. Case No. 295 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T