Deena Nath Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53029 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -KOTWALI District- PATNA ======================================================
1. Deena Nath Rai, Son of Late Ram Swarup Rai,
2. Ranjan Kumar @ Pappu,
3. Sunny Kumar, 2 and 3 are sons of Late Surya Narayan Rai @ Sury Narayan Rai, All are resident of Mohalla- Dujrachak, Police Station- Buddha Colony, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mina Kumari w/o Niranjan Kumar presently residing at LCT Ghat, Mainpura, Ganga Tower Gali no. 01, P.S. - Patliputra, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2017 Heard both sides.
The petitioners apprehend their arrest in Kotwali P.S. Case No. 198/2015, registered for the offences punishable under Sections 354, 379 and other sections of the Indian Penal Code. The informant alleged that on 19.04.2015, she had gone to participate in Case No. DC No. 567/2013 while she was returning Ram Narayan Brahamchari and Kishore Kunal two Advocates snatched her files and assaulted her. She further alleged that Surya Narain Rai, Deena Nath Rai petitioner no. 1, Ranjan Kumar @ Pappu petitioner no. 2 and Sunny Kumar petitioner no.
Patna High Court Cr.Misc. No.53029 of 2016 (6) dt.21-06-2017 2/3 3 also pulled her clothes and assaulted her and snatched money from her possession.
Learned counsel for the petitioners submits that Surya Narain Rai is father-in-law of the informant, Deena Nath Rai petitioner no. 1 is brother of Surya Narain Rai, Ranjan petitioner no. 2 and Sunny petitioner no. 3 are brothers-in-law of the informant. There is land dispute between the informant and petitioners on one hand and the petitioners and Surya Narain Rai on the other hand. It is submitted that the informant has filed as many as thirteen cases against the petitioners on account of land dispute. The copy of which have already been annexed by filing supplementary affidavit.
Considering the facts aforesaid and the fact that petitioners are none else than the brother of father-in-law and own brothers-in-law of the informant and there is series of litigation between the informant and the petitioners on one hand and the petitioners and others on the other hand, the petitioners, in the event of their arrest or surrender before the 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 Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.53029 of 2016 (6) dt.21-06-2017 3/3 Patna in connection with Kotwali P.S. Case No. 198/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T