Patna High CourtCR. MISC./9003/2016partly allowed disposal

Dinesh Pandit And ORS v. The State Of Bihar

2016-04-22Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9003 of 2016 Arising Out of PS. Case No. -200 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dinesh Pandit, son of Nathu Pandit

2. Bhagirath Pandit @ Paras Pandit, Son of Late Basudeo Pandit

3. Nathu Pandit, Son of Late Basudeo Pandit

4. Namilal Pandit, son of Jagarnath Pandit

5. Jagarnath Pandit, son of Late Basudeo Pandit, All Resident of village- Kotwa Bajpei Tola, P.S.- Paharpur, DistrictEast Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Y. Madhavi, Advocate For the Opposite Party/s : Mr. Narsing Tanti (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-04-2016 Heard learned counsel for the petitioners and the Additional Public Prosecutor.

The petitioners apprehend their arrest in a case under Sections 341, 323, 324, 379, 307 and 504/34 of the Indian Penal Code.

The informant alleged that the accused persons assaulted him as well as his son Rakesh Kumar. The petitioners submit that there is a case and counter case and the occurrence has taken place on account of land dispute.

I find that there is allegation of assault by Farsa by

Patna High Court Cr.Misc. No.9003 of 2016 (2) dt.22-04-2016 2/2 Dinesh Pandit (Petitioner no.1) on the head of the informant's son. In view of the above, the prayer for grant of anticipatory bail of petitioner no.1 is rejected.

However, in the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today petitioner nos. 2 to 5 be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Paharpur P.S. Case no. 200 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C., with the further condition that they would not physically absent for two consecutive dates, till the charges are framed.

(Samarendra Pratap Singh, J.) Uday/- U T