Tribhuwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39704 of 2024 Arising Out of PS. Case No.-94 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== 1.
Tribhuwan Singh Son of Late Ram Surat Singh Resident of Mohalla - Indrapuri, Ashirwad Lane No.- 1, P.O.- Bihar Veterinary College, P.S.- Shastri Nagar, District - Patna.
2.
Sonawali Devi Wife of Tribhuwan Singh Resident of Mohalla - Indrapuri, Ashirwad Lane No.- 1, P.O.- Bihar Veterinary College, P.S.- Shastri Nagar, District - Patna.
3.
Jai Prakash Son of Tribhuwan Singh Resident of Mohalla - Indrapuri, Ashirwad Lane No.- 1, P.O.- Bihar Veterinary College, P.S.- Shastri Nagar, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Awnish Kumar, Advocate For the State :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code.
3. As per prosecution case, it is alleged that these petitioners are not permitting the complainant, namely Dilawati Singh, to construct house in her land and whenever she used to go to her land situated at Mohalla- Aashirwad, Gali No. 1, P.S. Shastri Nagar, District- Patna, these petitioner demanded extortion of Rs. 15,00,000/- or asked her to sell out her land to
Patna High Court CR. MISC. No.39704 of 2024(3) dt.22-07-2024 2/3 these petitioners, failing which they have threatened to kill her entire family.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have falsely been implicated in this case. As a matter of fact, these petitioners are the real owners of the land in question and Jamabandi is also running in the name of these petitioners and it is the complainant Dilawati Singh who is creating hurdle in peaceful possession of the land in question. Moreover, none of the acts allegedly committed by these petitioners would amount to any criminal liability and at best it is a case of civil dispute per se between the parties. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.39704 of 2024(3) dt.22-07-2024 3/3 amount each to the satisfaction of learned Incharge Sub-Judgecum-Additional Chief Judicial Magistrate-IV, Patna, in connection with Shastri Nagar P.S. Case No. 94 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T