Ram Nandan Singh @ Ram Nandan Roy And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.1074 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1074 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -DANDARI District- BEGUSARAI ======================================================

1. Ram Nandan Singh @ Ram Nandan Roy, S/O Jago Singh,

2. Bablu Singh, S/O Ram Nandan Singh @ Ram Nandan Roy, Both resident of Village - Punarwas, P.S. - Matihani, District - Begusarai. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Dandari P.S. Case No. 10 of 2016 registered for the offences punishable under Sections 420, 466, 467, 468, 452, 379, 354, 307/34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law of Dharmendra Kumar whereas petitioner no. 2 is brother-in-law of Dharmendra Kumar who is the son of the informant. Allegation is that the land of the share of the informant was sold by Dharmendra Kumar to Umesh Poddar and the petitioners have assisted Umesh Poddar in assaulting the informant.

Submission is of false implication and that there is no partition in the family and civil suit is going on between the

Patna High Court Cr.Misc. No.1074 of 2017 (2) dt.16-01-2017 parties and if the allegations are taken as correct no offence as alleged is made out against the petitioners and in this case Umesh Poddar who is alleged to be the purchaser has already been allowed pre-arrest bail vide Cr. Misc. No. 48934 of 2016 by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration to which the learned APP fairly submits that Umesh Poddar has been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Begusarai in connection with Dandari P.S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T