Ganesh Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43403 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- RANIGANJ District- Araria ====================================================== 1.

GANESH TUDU Son of Jhalpur Tudu, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. 2.

Mukesh Tudu Son of Raja Tudu, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. 3.

Ganga Tudu Son of Raja Tudu, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. 4.

Raja Tudu Son of Gopal Tudu, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. 5.

Lal Chandra Hembram Son of Jhinga Hembram, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. 6.

Raj Kumar Tudu Son of Mandal Tudu, Resident of Village - Mahadevpur, Majhwa Paschim, Ward No. 08, P.S. - Raniganj, Dist. - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 47 of 2021 registered for offence punishable under sections 341, 323, 354 (B), 436/34 of the Indian Penal Code.

As per allegation, the petitioners entered into the house of the informant and committed arson. They also outraged the modesty of the informant's sister-in-law (Bhabhi).

Patna High Court CR. MISC. No.43403 of 2021(2) dt.11-04-2022 2/2 The learned counsel for the petitioners has submitted that the FIR was lodged after four days. There is admittedly land dispute between the parties. There is a counter case lodged on behalf of petitioner no. 4 against the informant side, which is registered as Raniganj P.S. Case No. 48 of 2021. He has submitted further that the petitioners, being members of Scheduled Tribes, have built their houses and the informant sides were trying their best to disposses them from their occupation. He has submitted further that the petitioners are the persons of clean antecedents.

Considering the above mentioned facts and circumstances, let the petitioners above named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Raniganj P.S. Case No. 47 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T