Shivji Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21454 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Shivji Das, Son of Late Fakira Das Resident of Village-Raipur Jagarnath, Ward no.12, P.S.-Bajpatti, District-Sitamarhi. 2.

Pramod Das Son of Shivji Das Resident of Village-Raipur Jagarnath, Ward no.12, P.S.-Bajpatti, District-Sitamarhi.

3.

Bechan Das @ Radheyshyam Das Son of Shivji Das Resident of VillageRaipur Jagarnath, Ward no.12, P.S.-Bajpatti, District-Sitamarhi. 4.

Roshan Das @ Roshan Kumar Son of Shivji Das Resident of Village-Raipur Jagarnath, Ward no.12, P.S.-Bajpatti, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the State Dr. Indiswar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bajpatti P.S. Case No. 320 of 2018, disclosing offences under Sections 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code.

Petitioner nos. 2, 3 and 4 are sons of petitioner no.1.

It is evident from the FIR that the dispute was there between the persons named in the FIR and the informant over a land. It is alleged that the accused

Patna High Court CR. MISC. No.21454 of 2019(2) dt.05-04-2019 2/3 persons were objecting to construction of a house over the said land by the informant. On an objection having been raised, some scuffle had taken place. Petitioner no.3 is said to have assaulted the informant with a Farsa, causing injury to her. It is alleged that petitioner no.2 attempted to outrage the modesty of the informant. It appears from the FIR that the land dispute is the reason behind the occurrence and registration of the present FIR.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 320 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required

Patna High Court CR. MISC. No.21454 of 2019(2) dt.05-04-2019 3/3 and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T