Patna High CourtCR. MISC./5352/2018bail granted

Gopal Thakur And ANR v. The State Of Bihar

2018-02-07Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.5352 of 2018 (2) dt.07-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5352 of 2018 Arising Out of PS.Case No. -427 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================

1. Gopal Thakur, S/o Late Lalanji,

2. Sonu Thakur @ Sonu Kumar S/o Gopal Thakur, Both R/o East of Ganga Bridge Road, Kashera Iron in North Side, P.S.- Alamganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.

The petitioners apprehend their arrest in Alamganj P.S. Case No.427 of 2017 registered under Sections 307, 323, 341, 354, 379, 34 of the Indian Penal Code.

The informant alleged that when informant and his wife went to see their land situated behind N.M.C.H., the petitioners, Gopal Thakur and Sonu Thakur and wife of Sonu Thakur are alleged to have attacked the wife of the informant and pulled her sari. Gopal Thakur tried to strangulate the wife of the informant and wife of Sonu Thakur is alleged to have assaulted the informant.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.5352 of 2018 (2) dt.07-02-2018 petitioner No.2 is unmarried. The genesis of the dispute is that the petitioners have purchased some lands of plot no.1532 of Khata No.924 situated behind N.M.C.H., Patna. The northern portion of the aforesaid land is purchased by the informant. Informant started construction work after encroaching some portion of the land of the petitioner that is why the petitioner protested to get the construction work done after measurement of the land but the informant lodged this case making false allegation.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged 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 A.C.J.M. I, Patna City in connection with Alamganj P.S. Case No.427 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.