Patna High CourtCR. MISC./10520/2016disposed

Rinki Devi @ Rinki Dev And ORS v. The State Of Bihar

2016-03-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10520 of 2016 Arising Out of PS.Case No. -30 Year- 2007 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. RINKI DEVI @ RINKI DEV wife of Brij Bihari Singh

2. Sima Devi @ Seema Devi, wife of Madan Singh

3. Durgesh Kumar @ Durgesh Singh son of Madan Singh All are resident of village- Olhen, P.S.- Harsiddhi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Bhan Singh For the Opposite Party/s : Mr. Dr. Kr.Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,149,323,427,379,384,385 and 504 of the Indian Penal Code. The prosecution case is that on 7.3.2007 the accused persons took mustard crop from the land of the informant. On protest being made the accused persons robbed the mustard crop. It is submitted by the learned counsel for the petitioners that the accusation has been levelled in the background of 145 Cr.P.C. proceeding initiated and Title Suit No. 790 of 2012

Patna High Court Cr.Misc. No.10520 of 2016 (2) dt.08-03-2016 2/2 between the parties. Petitioner no. 1 was not initially named in the FIR, her name subsequently sprang up. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation levelled in the background of land dispute, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Harsiddhi P.S. Case No. 30 of 2007 pending in the court of learned ACJM, Areraj, East Champaran. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T