Patna High CourtCR. MISC./28788/2014bail granted

Birendra Prasad Singh And ORS v. The State Of Bihar

2015-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28788 of 2014 Arising Out of PS.Case No. -1652 Year- 2012 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Birendra Prasad Singh Son of late Gangotri Prasad Singh

2. Kumar Gaurav Son of Birendra Prasad Singh

3. Kumar Saurabh Son of Birendra Prasad Singh All resident of village - Gangapur P.S. Musrigharari, District - Samastipur. .... .... Petitioners

Versus

1. The State of Bihar

2. Mritunjay Kumar, Advocate, S/O Raman Deo Prasad Singh, R/O Mohalla - Adarshnagar, P.S.Muffasil, District - Samastipur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Jitendra Narain Sinha, Advocate.

For the Opposite Parties : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 1652 of 2012, registered for the offences punishable under Section 380 and other Sections of the Indian Penal Code. The complainant alleged that on 26.08.2012, all the accused persons came, abused the complainant and also assaulted her and took away different articles.

It is submitted that the petitioners are agnates of the complainant. There is land dispute between the parties. Title Suit No. 86 of 2002 is going on. Prem Kumar Sharma is the plaintiff and petitioner no. 1 Birendra Prasad Singh is contesting party. The

Patna High Court Cr.Misc. No.28788 of 2014 (5) dt.19-05-2015 2/2 occurrence is said to have taken place on 26.08.2012, but the complaint petition filed on 01.09.2012.

Considering the facts aforesaid, 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 Smt. Richa Bhargava, the learned Judicial Magistrate, 1st Class, Samastipur in connection with Complaint Case No. 1652 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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