Devendra Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 39457 of 2014 Arising out of PS.Case No.-362 Year-2013 Thana-KUDHNI District-MUZAFFARPUR ======================================================
1. Devendra Singh, S/o Late Chandar Singh
2. Ashok Singh, S/o Late Chandar Singh
3. Sanjeev Kumar, S/o Devendra Singh
4. Pappi Kumari, D/o Devendra Singh All are r/o village - Chajan Thatiya, P.S. - Kurhani, District - Muzaffarpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 307, 436 and 120B/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have filed encroachment case against the father-inlaw of the informant who had encroached upon the public land causing obstruction to the petitioners and in the said encroachment case there was order for removal of the encroachment but having not been removed, a contempt petition was also filed in the High Court bearing M.J.C. No. 4660 of 2013 and in such circumstance it is submitted that it is the prosecution party who set on fire the alleged house which was
Patna High Court Cr.Misc. No.39457 of 2014 (3) dt.22-04-2015 under encroachment and petitioners have falsely been implicated for the said offence.
Learned counsel for the State does not controvert the submissions made by the learned counsel for the petitioners. Hence, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, West Muzaffarpur in connection with Kurhani P.S. Case No. 362 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. Kundan (Gopal Prasad, J.) U T