Shiv Kumar Raut And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12024 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Shiv Kumar Raut, son of Dev Raut @ Debu Raut @ Debu Lal Raut,

2. Ram Chandra Raut, son of late Madan Raut,

3. Bhulla Raut, son of Laxmi Raut @ Lachhami Raut, all are resident of Village- Narhi, P.S.- Andharamath, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP For the Informant : Mr. Gagandeo Yadav, Advocate Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-04-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Andharamath P.S. Case No.53 of 2017 instituted for the offence under Section(s) 341, 323, 379, 354, 504/34 Indian Penal Code. It is alleged in the written report that on the date of occurrence this petitioner with other accused surrounded the land of the informant and started uprooting the trees. The informant raised objection then these petitioners and other accused gave threatening. When mother, wife and sister-in-law of the informant came to save him, they were also assaulted and their clothes were also torn. It is further alleged that sister-in-law of the informant sustained miscarriage due to assault.

Patna High Court Cr.Misc. No.12024 of 2018 (3) dt.06-04-2018 2/2 As such, from the written report, it appears that there is land dispute between the parties. There is general and omnibus allegation against the petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Andharamath P.S. Case No.53 of 2017, they shall 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 the Additional Chief Judicial Magistrate, II, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.