Chandra Deep Singh @ Chandradip Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.4182 of 2015 (2) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4182 of 2015 Arising Out of PS.Case No. -1755 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Chandra Deep Singh @ Chandradip Singh, Son of Triveni Singh.

2. Sujeet Kumar Singh @ Sujeet Kumar.

3. Sanjeev Kumar Singh @ Sanjeev Kumar @ Pahlwan, both petitioner nos. 2 and 3 are sons of Chandra Deep Singh.

All residents of Village Kshaur, P.S. Warisnagar, District Samastipur. .... .... Petitioners

Versus

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

For the Petitioners :

Mr. Bijay Bhushan Prasad, Advocate For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2015 Heard both sides.

The petitioners apprehend their arrest in C.R. No. 1755 of 2013, registered for the offences punishable under Sections 323, 354B and 379 of the Indian Penal Code.

The complainant made allegation that the petitioners came to her land and damaged the property. The accused persons also abused and torn her clothes in order to outrage her modesty. Learned counsel for the petitioners submits that there is a land dispute between the parties. For the same occurrence, the petitioners lodged a police case bearing Warisnagar P.S. Case No. 236 of 2013 and the same was sent to Sarpanch for settlement of the disputes. It is further submitted that the petitioner no. 1 is the father of petitioner nos. 2 and 3. The complainant is non-else than the wife

Patna High Court Cr.Misc. No.4182 of 2015 (2) dt.30-01-2015 of the nephew of petitioner no. 1 and on the face of it, the allegation made by the complainant against her father-in-law appears to be palpably false.

On perusal of the record, it would appear that there is a case and counter case between the parties on account of land dispute and the case of the petitioners is earlier in point of time. Considering the facts aforesaid, petitioners, namely, Chandra Deep Singh @ Chandradip Singh, Sujeet Kumar Singh @ Sujeet Kumar and Sanjeev Kumar Singh @ Sanjeev Kumar @ Pahlwan, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur in connection with C.R. No. 1755 of 2013, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Sanjay/- U T