Patna High CourtCR. MISC./9755/2015bail granted

Munna Kumar And ORS v. State Of Bihar And ANR

2015-04-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9755 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Kumar Son of Ram Bali Rai

2. Bapi Kumar Son of Ram Bali Rai

3. Ram Bali Rai Son of Late Avtar Rai .... .... Petitioners

Versus

1. The State of Bihar

2. Kanti Devi Wife of Nawal Paswan R/o Village Kolasi, P.S. Chiraiya, District East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. Md. Anis Akhtar, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-04-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. It is alleged that the accused persons started uprooting the crop seeded by the informant and when the protest was being made, the informant was abused by calling caste name, assaulted and `5,000/- was taken away.

It is submitted by learned counsel for the petitioners that in the background of bona fide land dispute, the accusation has been levelled when the informant has subsequently retracted from

Patna High Court Cr.Misc. No.9755 of 2015 (2) dt.22-04-2015 2/2 his initiation versions of accusation and filed a petition to that effect before the learned court below which has been brought on record as Annexure-2. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners 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 bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Sikrahan at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 60 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T