Rajendra Baitha And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.33986 of 2018 (2) dt.28-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33986 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajendra Baitha, S/o Late Feku Baitha,
2. Gashi Devi W/o Rajendra Baitha,
3. Birendra Baitha S/o Rajendra Baitha, All Residents of Vill.- Shekhauna, P.S.- Ghorasahan, Distt.- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2018 Heard Mr. Sangeet Deokuliar, learned counsel for the petitioner, Mr. Sunil Kumar Singh, learned counsel for the informant and learned A.P.P.
The petitioners apprehend their arrest in Ghorasahan P.S. Case No.90 of 2018 registered under Sections 457 and 380/34 of the Indian Penal Code.
The informant named the petitioners and others and alleged that they broke out the house of the petitioner and took away different articles including ornaments.
The learned counsel for the petitioners submits that petitioner No.1 is own brother(devar) of the informant and petitioner Nos.2 and 3 are wife and son of petitioner No.1. Ramchandra Baitha, the brother of the petitioner and husband of
Patna High Court Cr.Misc. No.33986 of 2018 (2) dt.28-06-2018 the informant died due to illness. He was suffering from tuberculosis. The informant deserted her in-laws house and settled in her parents' house. The informant lodged the case only to get partition of the property.
Mr. Sunil Kumar Singh, however, vehemently opposed the prayer for anticipatory bail and submitted that only after institution of the case, the informant got her house and she is residing there.
Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that the petitioners happen to be own brother(devar), sister-in-law(gotni) and son of brother-in-law, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikarahana at Dhaka, East Champaran, Motihari in connection with Ghorasahan P.S. Case No.90 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T