Ram Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41305 of 2015 Arising Out of PS.Case No. -379 Year- 2012 Thana -SAHARSA District- SAHARSA ======================================================

1. Ram Kumar Yadav, son of Late Dhanik Lal Yadav.

2. Radhe Shyam Mandal, Son of Late Pratham Lal Mandal.

3. Ramotar Yadav, son of Late Ganga Lal Yadav.

4. Madan Mandal, son of Late Ram Kishun Mandal. All Residents of Village- Murlipur, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subesh Sharma, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 504, 506, 385, 379/34 of the Indian Penal Code. The prosecution case is that on 28.06.2012 at 7.00 P.M. the accused persons came to the house of the informant and demanded Rs. 50,000/- as extortion, due to fear the informant gave Rs. 10,000/- . It is also alleged that Ramotar Yadav obtained informant's signature on the stamp paper.

It is submitted by the learned counsel for the petitioners that for the occurrence of 28.06.2012 the First

Patna High Court Cr.Misc. No.41305 of 2015 (2) dt.08-10-2015 Information Report was lodged on 30.06.2012. The accusation has been levelled in the background of serious land dispute between the parties being B.L.D.R. Case No. 332 of 2011, B.L.D.R. Case No. 108 of 2012, B.L.D.R. Case No. 03 of 2012, B.L.D.R. Case No. 253 of 2011 are pending between the parties. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 379 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T