Lalit Saw And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34932 of 2018 Arising Out of PS.Case No. -828 Year- 2017 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Lalit Saw son of Chanchal Saw,

2. Chanchal Saw, son of Late Baidyanath Saw, Both Resident of VillageSarvoday Tola Farda, P.S. Nayaram Nagar, District- Munger. .... .... Petitioners

Versus

1. The State of Bihar.

2. Phool Devi wife of Kedar Saw, Resident of Village- Sarvoday Tola Farda, P.S. Nayaram Nagar, District- Munger.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta , A.P.P. 95 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Complaint Case No. 828C of 2017, registered for offences punishable under Sections 323 and 354 of the Indian Penal Code and 3 and 4 of Dyan Act.

Allegation against the petitioners is that the petitioners entered into the house of the informant and assaulted her and calling dian.

Submission of the learned counsel for the petitioners is that there is land dispute between the parties and there is no specific allegation has been attributed against the petitioners and

Patna High Court Cr.Misc. No.34932 of 2018 (2) dt.05-07-2018 2/2 as a matter of fact the informant lodged the false case. Learned A.P.P. opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, 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 the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Complaint Case No. 828C of 2017, to the satisfaction of Smt. Angira Kumari, learned Judicial Magistrate, 1st, Munger, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

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