Hari Narayan Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27661 of 2013 Arising Out of PS.Case No. -173 Year- 2012 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Hari Narayan Tiwari S/O Late Ram Sevak Tiwari, resident of VillagePawani Hasanpur, Police Station- Vaishali, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar

2. Munshi Yadav S/O Late Bindu Rai, resident of Village- Sablari, Police Station- Rajdhanwar, District- Giridih (Jharkhand)

3. Nakul Yadav S/O Lalan Yadav, resident of Village & Police StationRajdhanwar, District- Giridih, (Jharkhand) .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Prasad, Adv Mrs. Veena Kumari Jaiswal, Adv.

For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-12-2016 Heard Sri Upendra Prasad, learned counsel, assisted by Smt Veena Kumari Jaiswal, learned counsel for the petitioner, learned Addl. Public Prosecutor and Smt.Rina Sinha, learned counsel for the Opp.Party nos.2 and 3.

The petitioner, who is the informant in Vaishali P.S. Case No.173/2012, has approached this Court, invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 27.06.2012 passed by the learned Chief Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S. Case No.173/2012. By the said order, a petition filed on behalf of Opp.Party nos.2 and 3, the learned

Patna High Court Cr.Misc. No.27661 of 2013 (5) dt.16-12-2016 2/2 Magistrate has directed for release of 23 bullocks in favour of Opp.Parties.

Learned counsel for the petitioner submits that since the F.I.R. was lodged on complaint of cruelty to the animals, the learned Magistrate was not required to again deliver possession of those bullocks to the Opp.Parties and, as such, the order impugned is liable to be set aside.

However, after going through the impugned order, it is evident that the released order was passed with condition of producing indemnity bond of Rs.3,53,600/- . Further direction was also issued that Opp.Parties may not commit any cruelty with the released bullocks.

In view of fact that while passing release order in favour of Opp.Parties, stringent conditions were imposed, there is no reason to interfere with the order impugned. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T