Lal Babu Prasad Yadav @ Lal Babu Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18116 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -SC/ST District- SHEOHAR ======================================================

1. Lal Babu Prasad Yadav @ Lal Babu Prasad Son of Ram Briksha Rai

2. Shanti Devi Wife of Lal Babu Prasad Yadav @ Lal Babu Prasad

3. Vikash Kumar Son of Lal Babu Prasad Yadav @ Lal Babu Prasad

4. Vishal Kumar Son of Lal Babu Prasad Yadav @ Lal Babu Prasad

5. Tuntun Kumar @ Tuntun Rai Son of Late Kapildeo Rai All resident of village - Rajadhih, P.S. Tariyani, District - Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.

The petitioners apprehend their arrest in Sheohar S.C./S.T. P.S. Case No. 01/2016, registered for the offences punishable under Sections 323, 341, 354, 379, 504, 506, 34 of the Indian Penal Code and Section 3(1)(X) of S.C./S.T. Act. The informant alleged that while she has gone to take water from the handpump of the accused persons, Lal Babu Prasad Yadav and others abused her by naming her caste and assaulted her.

It is submitted that no such occurrence as alleged by the informant has taken place. There is a land dispute between the

Patna High Court Cr.Misc. No.18116 of 2016 (3) dt.21-07-2016 2/2 parties. Prior to filing of this case, from the side of petitioner also filed a case against the informant and his family members with regard to land dispute and that is why this case has been lodged. Learned Special Public Prosecutor Mr. Ambika Bhagat did not controvert the submission of the learned counsel for the petitioner.

Considering the facts aforesaid and the fact that there is land dispute between the parties, the petitioners above-named, 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 of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sheohar in connection with Sheohar S.C./S.T. P.S. Case No. 01/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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