Patna High CourtCR. MISC./7613/2015bail granted

Vijay Bahadur Mishra And ORS v. The State Of Bihar

2015-02-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7613 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Vijay Bahadur Mishra S/o Late Baijnath Mishra

2. Ashok Kumar Mishra @ Ashok Mishra

3. Dharmenra Kumar Mishra @ Dharmendra Mishra

4. Sugriv Kumar Mishra All sons of Vijay Bahadur Mishra All residents of Village Barahuli, P.s. Sonhan, Distt- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

26-02-2015.

Heard both sides.

Petitioners apprehend their arrest in a case under section 323, other sections of I.P.C and different sections of S.C./S.T. (P.A.) Act.

The informant alleged that she purchased the land from Vinod Mishra and while she was cultivating the land along with family members, the accused persons abused and assaulted her. Learned counsel for the petitioners submits that the vendor of the informant is agnate of the petitioners. The petitioners file T.S.No.445 of 2012 against the vendor of the informant. The informant wanted to withdraw the title suit and that is why, this false case been lodged.

It appears that the occurrence took place in the field on which, there is a dispute with regard to title between the informant and her vendor on the one side and the petitioners on

Patna High Court Cr.Misc. No.7613 of 2015 (2) dt.26-02-2015 the other side.

Considering the facts aforesaid, petitioners who are four in numbers, named above, in the event of their arrest/surrender before the court below within 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 of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabuha in connection with S.C./S.T. (Bhabhua) P.S.Case No.51 of 2014, subject to condition laid down u/s 438(2) Cr.P.C. (Prabhat Kumar Jha, J.) ahk/- U T