Ram Pravesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29896 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KUTUMBA District- AURANGABAD ======================================================
1. Ram Pravesh Singh Son of Late Lakhan Singh
2. Karu Singh Son of Ram Pravesh Singh
3. Ram Bali Singh Son of Basawan Singh
4. Anil Singh Son of Sudama Singh
5. Ram Dhyan Singh Son of Late Brij Singh
6. Satya Narayan Singh Son of Kapildeo Singh
7. Govind Singh Son of Late Nagdeo Singh
8. Nathun Singh Son of Laldeo Singh
9. Abhimanu Singh Son of Siddhi Singh
10. Amarendra Singh Son of Ram Pravesh Singh. All residents of village - Chakua, P.S. Kutumba, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-07-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Kutumba P.S. Case No. 18 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 353, 379,
Patna High Court Cr.Misc. No.29896 of 2015 (2) dt.31-07-2015 2/3 427 of the Indian Penal Code.
It appears that there is dispute between the parties in respect of a pond. The petitioners and their co-villagers claim right of access to the above stated pond and it is submitted on their behalf that the villagers constituted a Committee which looks after the management of the aforesaid pond but the prosecution case is that the aforesaid pond was settled in favour of one Baidnath Singh and when above stated Baidnath Singh along with his henchmen went for fishing, petitioners made obstruction and it is specifically stated that petitioner no. 7, namely, Govind Singh assaulted one Bhola Choudhary. It is pointed out that informant as well as Bhola Choudhary have already entered into compromise and moreover, a Division Bench of this Court granted liberty to the parties to get settle their right in respect of the aforesaid pond before appropriate forum.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief
Patna High Court Cr.Misc. No.29896 of 2015 (2) dt.31-07-2015 3/3 Judicial Magistrate, Aurangabad in Kutumba P.S. Case No. 18 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T