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Patna High CourtCR. MISC./17982/2019bail granted

Ram Dular Singh v. The State Of Bihar

2019-04-02Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17982 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Ram Dular Singh, aged about 58 Years (M), Son of Sheo Lakhan Kushwaha, Resident of Village - Newras, P.S.- Kudra, Distt - Kaimur at Bhabua. 2.

Ram Pukar Singh, aged about 37 Years (M), Son of Bigan Kushwaha, Resident of Village - Newras, P.S.- Kudra, Distt - Kaimur at Bhabua. 3.

Ravi Prakash, aged about 26 Years (M), Son of Ram Dular Singh, Resident of Village - Newras, P.S.- Kudra, Distt - Kaimur at Bhabua. 4.

Om Prakash @ Mahabali, aged about 23 Years (M), Son of Ram Dular Singh, Resident of Village - Newras, P.S.- Kudra, Distt - Kaimur at Bhabua. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anjani Kumar Sinha No.1, Advocate.

For the Opposite Party :

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 448, 295(A), 427, 380 and 506/34 of the IPC.

The prosecution story, in brief, is that the informant owns an Ashram over her paternal land and when she visited the Temple on hearing some unusual sound at about 1.30 in the night of 16.01.2019, she found the same scattered and the petitioners fleeing with threat to remove the Ashram, thereafter,

Patna High Court CR. MISC. No.17982 of 2019(2) dt.02-04-2019 2/3 she found theft of Statute of God and their ornaments worth Rs. 1.10 Lakh. It is further alleged that the accused had earlier also made the same occurrence.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The informant had tried to capture the public land. A petition has been filed by the petitioners and other co-villagers in protest before the competent authorities. There is title suit also pending in respect of the land in question between the parties. For oblique reason, the present case been instituted against the petitioners. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 learned A.C.J.M.- 6, Bhabua, District-Kaimur at Bhabua, in connection with

Patna High Court CR. MISC. No.17982 of 2019(2) dt.02-04-2019 3/3 Kudra P.S. Case No. 22 of 2019, csubject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T