Jai Ram Rajak And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74227 of 2018 Arising Out of PS. Case No.-279 Year-2018 Thana- RAJAON District- Banka ======================================================

1. Jai Ram Rajak, Son of Late Bidhyanand Rajak,

2. Devanand Rajak, Son of Jai Ram Rajak

3. Dhanpati Deiv Wife of Jai Ram Rajak, All Resident of Village- Naripa, Police Station, Distirct-Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rajoun P.S. Case No. 279 of 2018, disclosing offences under Sections 341, 342, 323, 384, 379, 504 and 506/34 of the Indian Penal Code.

The informant is the aunt (Buaa) of the petitioner no. 1, petitioner no. 2 is son of petitioner no. 1 and petitioner no. 3 is the wife of petitioner no. 1. From the first information report, it appears that the informant alleges that he was in the process of constructing hutment over a piece of land, which belongs to her. Allegedly, these petitioners threatened and assaulted her. They are also said to have taken away her articles.

Patna High Court Cr.Misc. No.74227 of 2018(2) dt.21-12-2018 2/2 Learned counsel, appearing on behalf of the petitioner, submits that the informant is Mukhiya of the Gram Panchayat and this case has been maliciously instituted because of some dispute in relation to immovable property. Considering the above submission, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below, be released 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 the learned Chief Judicial Magistrate, Banka in Rajoun P.S. Case No. 279 of 2018, 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 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) Ashish/- U