Kapildeo Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31940 of 2015 Arising Out of PS.Case No. -345 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kapildeo Baitha Son of Mewa Lal Baihtha Resident of village - Sapahi Britia Tola, Police Station - Turkauliaya, District - East Champaran ( Motihari ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 354, 379, 504, 34 of the Indian Penal Code. It is alleged that informant's husband is an army personnel being in the Boarder Security Force and petitioner was making construction under Indira Awas Scheme adjacent to the settled land of the informant and on protest being made the accused persons abused the informant and this petitioner after catching hold of the informant's hair log pulled her down and made assault whereas co-accused Sandeep Baitha snatched gold chain of the informant.
It is submitted by learned counsel for the petitioner that in the background of bona fide land dispute the
Patna High Court Cr.Misc. No.31940 of 2015 (2) dt.06-08-2015 2/2 accusation has been levelled and there is counter version of the occurrence also.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia P.S. Case No. 345 of 2014, G.R. No. 2526 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T