Vijay Bahadur Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.34634 of 2017 (3) dt.10-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34634 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Vijay Bahadur Singh, Son of Late Rammani Singh,
2. Munna Kumar Singh @ Munna Kumar Son of Vijay Bahadur Singh,
3. Uday Kumar Son of Vijay Bahadur Singh, All R/o Village- Gokhulpur, P.S.- Kudra, District- Kaimur at Bhabua, At present R/o Bhabua, Ward No.23, P.S.- Bhabua, District- Kaimur (Bhabua). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh No-10, Adv. For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both the sides.
The petitioners apprehend their arrest in connection with Bhabhua P.S. Case No. 267 of 2017 registered under Sections 341, 323, 504, 506, 379, 427, 354 and 341 of the Indian Penal Code.
The informant is the own brother of petitioner No.1 and petitioner Nos.2 and 3 are the sons of petitioner No.1. Informant alleged that there is a joint house situated in ward No.23. The informant got information that some persons were taking away the household articles of his house and when the informant went there, the petitioners assaulted him and took away
Patna High Court Cr.Misc. No.34634 of 2017 (3) dt.10-08-2017 different ornaments on the possession of the wife of the informant. Learned counsel for the petitioners submits that there is series of litigation between the informant and the petitioners on account of land dispute and this false case has been lodged against the petitioners as Munna Kumar Singh, petitioner No.2 earlier lodged Bhabhua P.S. Case No. 583 of 2014 against the informant and others.
Considering the facts aforesaid and the fact that the petitioners are own brothers and there is bonafide land dispute between two sides and on account of that there is series of litigation, the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabhua), in connection with Bhabhua Police Station Case No. 267 of 2017/ G.R. No. 1032 of 2017 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) brajesh/- U T