Awadh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37636 of 2016 Arising Out of PS.Case No. -135 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================
1. Awadh Singh Son of Late Ramjee Singh
2. Pankaj Singh
3. Mithu Singh
4. Badal Singh, All (2-4) are sons of Awadh Singh All are residents of Village + P.S- Matihani, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-10-2016 Heard the Counsel for the petitioners and Mr. M. Dayal, APP for the State.
The petitioners are accused in Matihani P.S. Case No. 135 of 2015 registered under sections 385 and 306/34 of the Indian Penal Code.
In short, the allegation is that the deceased brother-in-law was doing some business on a piece of land which claims to have been purchased from the accused persons. However, the name of the vendor has not been disclosed. A dispute arose over the land whereafter the vendors started exerting pressure to give certain amount as consideration money and/or to vacate the land. Upset by the said demand, it is alleged that the brother-in-law committed suicide.
Learned counsel submits that the allegations are totally
Patna High Court Cr.Misc. No.37636 of 2016 (2) dt.03-10-2016 2/2 vague. The petitioners are not said to be owner/vendor of the land. In fact, the F.I.R is deeply silent about the actual vendor/owner of the land. They do not carry any criminal antecedents. Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pushpendra Pandey, Judicial Magistrate, 1st Class, Begusarai in Matihani P.S. Case No. 135 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T