Chandrika Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35947 of 2017 Arising Out of PS.Case No. -196 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandrika Singh, Son of Late Bishun Singh,

2. Prabha Devi W/o Chandrika Singh,

3. Sanjay Singh Son of Chandrika Singh,

4. Madhu Devi W/o Sanjay Singh,

5. Priyanka Devi W/o Vijay Singh,

6. Muni Devi @ Mina Devi, W/o Abhay Singh, All are R/o VillageLaknathpur, P.S.- Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/364B/448/504/379/34 of the Indian Penal Code, Section 3⁄4 of the Antiwich Craft Act (Dayan Act) and Section 27 of the Arms Act.

Both sides are agnates. For dispute for putting some building material allegedly on the land of the informant the occurrence of free fight took place.

There is general and omnibus allegation of

Patna High Court Cr.Misc. No.35947 of 2017 (2) dt.10-08-2017 P2/ commission of assault and theft as well as firing. Similar general and omnibus allegation of attempt to outrage the modesty of the mother of the informant.

Submission is false implication due to land dispute. The petitioners have got no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/successor Court in connection with Muffasil Police Station Case No. 196 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T