Rajpati Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42079 of 2016 Arising Out of PS.Case No. -1952 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Rajpati Devi wife of Lachchan Bhagat @ Laxman Bhagat

2. Binod Bhagat son of Lachchan Bhagat @ Laxman Bhagat

3. Daras Bhagat son of Late Baburam Bhagat @ Ram Babu Bhagat All Resident of Village-Giddha, P.S.-Sahebganj, District-Muzaffarpur

4. Najir Hussain Son of Islam Mohammad of village-Barna Banaghat, P.S.- Baruraj, District-Muzaffarpur

5. Vinod Kumar Singh @ Vinod Kumar Bhaghat son of late Vibhaw Kumar Singh, resident of Village-Paroo, P.S.-Paroo, district-Muzaffarpur at present-Registry office-Motipur, P.S.- Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

1.The State of Bihar 2.Urmila Devi Wife of Raj Kishore Bhagat, resident of village -Barna Banaghat, P.S. Baruraj, District-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Sri Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Complaint Case No. 1952 of 2014, Trial No. 3595 of 2016, disclosing offences under Sections 420, 323 and 504 of the Indian Penal Code.

Learned counsel for the petitioners, referring to the complaint petition, has submitted that evidently this is a matter of purely civil dispute between the parties. It seems that the allegation is of execution of sale deed with respect to the land

Patna High Court Cr.Misc. No.42079 of 2016 (3) dt.19-10-2016 2/2 which did not belong to the executant. Learned counsel for the petitioners has submitted that since warrant of arrest has been issued, they apprehended their arrest.

Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Complaint Case No. 1952 of 2014, Trial No. 3595 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T