Raman Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12774 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Raman Rai, Son of Late Sukhnandan Rai, Resident of Village - Khirauli, P.S.- Dumraon, District - Buxar.

2. Pinku Kumar Singh, Son of Late Jagnarayan Singh, Resident of Village - Ariyaon, P.S. - Krishnabrahm, District - Buxar.

3. Santosh Singh, Son of Sri Laxman Singh, Resident of Village - Chakki, P.S. Brahmpur, Buxar.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Anirudh Mishra, Advocate.

For the Opposite Party : Mr. P.K. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 385, 323, 387, 504 and 506 of the Indian Penal Code.

The prosecution case is that the petitioners and 20-25 unknown persons were putting pillar on the land of the informant. On protest being made the petitioner no. 1 assaulted with lathi to the brother of the informant. It is further alleged that petitioner no. 1 had given power of attorney to petitioner no. 2 on the basis of which they are demanding extortion from the informant. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.12774 of 2016 (2) dt.28-03-2016 2/2 that no offence is made out against the petitioners under Section 387 of the Indian Penal Code. The land in question is ancestral land of petitioner no. 1 whereas the informant has claimed on forged and fabricated sale deed. Statement has been made in paragraph-3 of the petition that the petitioners have got no criminal antecedent.

Considering the accusation in the background of civil nature of dispute, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J.) KKSINHA/- U T