Om Prakash Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28013 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Om Prakash Rai, S/o Shiv Rai,

2. Sunil Rai S/o Shiv Rai,

3. Mangal Rai S/o Late Briksh Rai, All are residents of Village - Sabajiya, P.S. - Madhuban, Dist - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No. 13/2018, registered for offences punishable under Sections 341, 323, 379, 448, 354(B), 427, 504/34 of the Indian Penal Code.

Allegation against the petitioners that they assaulted the informant and his daughter in law and also tried to disrobe the daughter in law of the informant.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case in the backdrop of land dispute as in the year 1961 grand mother of the informant had had executed a gift deed in favour of petitioner no. 3 and since then he was in peaceful possession of the land and the said land

Patna High Court Cr.Misc. No.28013 of 2018 (2) dt.16-05-2018 2/3 has been sold by the informant to some other person and petitioner had only gone to complaint about the same and due to which this case has been lodged against the petitioners. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -IV, East Champaran, Motihari, in connection with Madhuban P.S. Case No. 13/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on

Patna High Court Cr.Misc. No.28013 of 2018 (2) dt.16-05-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T