Shri Bala Lakhindra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36128 of 2022 Arising Out of PS. Case No.-12 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== 1.

Shri Bala Lakhindra Baitha Son of Late Shankar Baitha Resident of Village - Persauni Khem, P.S.- Chakia, District - East Champaran 2.

Harendra Baitha Son of Late Shankar Baitha Resident of Village - Persauni Khem, P.S.- Chakia, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhanmanti Devi Wife of Ganesh Baitha Resident of Village - Persauni Khem, P.S.- Chakia, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For the Informant :

Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B), 384, 387, 341, 323, 354 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have antecedent of one case which was instituted by the husband of the present informant, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the dispute is primarily civil in nature to which a

Patna High Court CR. MISC. No.36128 of 2022(2) dt.29-11-2022 2/2 criminal colour has been given, it is next submitted that even the parties have compromised the case as would be evident from Annexure-2 to the anticipatory bail application which was filed in the court of learned Chief Judicial Magistrate, Motihari, East Champaran on 28.05.2022.

Learned counsel for the informant concurs with the submissions of the learned counsel for the petitioner. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakiya P.S. Case No. 12 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T