Varun Rai @ Varun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20633 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- PANAPUR District- Saran ====================================================== VARUN RAI @ VARUN KUMAR Son of Badri Rai Resident of vill.- Dhenuki, P.S.- Panna Pur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2023 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor appearing for the State.
Petitioner apprehends his arrest in connection with Panapur P.S. Case No. 326 of 2022 dated 7.12.2022 registered for the offence punishable under Sections 341, 323, 325, 354, 504 and 34 of the Indian Penal Code.
As per the prosecution case, while the informant was sitting at her door, the petitioner along with other accused persons arrived there and assaulted the informant with lathi, danda, etc. It has further been alleged that the petitioner tore the clothes of her daughter and threatened the informant and her family members with dire consequences.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20633 of 2023(2) dt.24-06-2023 2/3 petitioner along with others have falsely been implicated in this case due to land dispute between the parties. He further submits that both the parties are co-villagers having land dispute. There is case and counter case between the parties inasmuch as the occurrence which has taken place on the same date and time, the petitioner has lodged an F.I.R. bearing Panapur P.S. Case No. 327 of 2022 for the offence under Sections 341, 323, 325, 379 and 504/34 of the Indian Penal Code. No injury has been caused to the side of the informant due to the alleged assault.
Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that both the parties are co-villagers, there is land dispute between the parties and there is case and counter case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd, Saran at Chapra, in connection with Panapur P.S. Case No.
Patna High Court CR. MISC. No.20633 of 2023(2) dt.24-06-2023 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T