Krishnamurari @ Krishn Murari @ Krishnamurari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21035 of 2024 Arising Out of PS. Case No.-555 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Krishnamurari @ Krishn Murari @ Krishnamurari Kumar, S/O Umesh Singh, R/O Fatehpur Pakari, P.S- Mahua, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brahmaputra Singh Ishu, Advocate Mrs.Poonam Kumari, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 555 of 2023 registered for the alleged offences under Sections 341, 323, 327, 385, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, when the informant went to her recently purchased land, the petitioner and other coaccused persons hurled abuses and tried to strangulate the informant by putting rope on her neck. They also assaulted the informant with lathi and danda.
4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case in the
Patna High Court CR. MISC. No.21035 of 2024(2) dt.04-04-2024 2/3 background of land dispute. The land in question belongs to the father of the petitioner and the petitioner's side is in possession of the said land and the possession has been affirmed by the Deputy Collector Land Reforms, Mahua in Land Dispute Redressal Case No. 459/12-13. A Title Suit No.576/2013 for the same land is pending in the court of learned Sub Judge-VII, Hajipur between the parties. The petitioner and his family members are staying on the land purchased by the informant for many years. The informant is the wife of the present Mukhiya and in order to grab the land of the father of the petitioner, this false case has been lodged by the informant against the petitioner and his family members. The learned counsel further submits that the petitioner is having criminal antecedents of three cases, but he is on bail in all these cases.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of land dispute and possibility of false implication, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds
Patna High Court CR. MISC. No.21035 of 2024(2) dt.04-04-2024 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 555 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T