Gharbharan Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11821 of 2017 Arising Out of PS.Case No. -173 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gharbharan Devi Wife of Birendra Thakur,
2. Ankit Kumar @ Ved Prakash
3. Akash Kumar Both are Son of Birendra Thakur All are Resident of Village- Mangla Pur Kathai, P.S.- Sangram Pur District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 The petitioners are apprehending their arrest in connection with Sangrampur P.S. Case No. 173 of 2015, registered for offences punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that present false case has been filed in the backdrop of existing land dispute between the parties and so far petitioner no. 1 is concerned, only general and omnibus allegation has been made and so far petitioner no. 2 is concerned, it is alleged that he assaulted the informant by means of farsa on his Pakhur (Side of Arm) and elbow, however the injuries caused from the said blow was found to be simple in nature and against petitioner no. 3, it
Patna High Court Cr.Misc. No.11821 of 2017 (2) dt.22-03-2017 2/3 has been alleged that he snatched Rs. 30,000/- from the informant, which is out and out a false and ornamental allegation. Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there is land dispute between the parties and the injuries inflicted to the informant by petitioner no. 2 was found to be simple in nature and against petitioner no. 1 and 3, only general and omnibus allegation has been made, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 173 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the
Patna High Court Cr.Misc. No.11821 of 2017 (2) dt.22-03-2017 3/3 investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T