Prabhat Chand @ Prakash Chandra Bharati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40717 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- PIPRA District- Patna ====================================================== 1.
Prabhat Chand @ Prakash Chandra Bharati, son of Krishna Prasad Resident of Village - Beharawan Chak, P.S.- Pipra, Dist.- Patna. 2.
Sanjeev Kumar @ Prashant Bharti @ Sanjay Kumar, Son of Bhusan Prasad Resident of Village - Beharawan Chak, P.S.- Pipra, Dist.- Patna. 3.
Ankit Kumar, Son of Bhusan Prasad Resident of Village - Beharawan Chak, P.S.- Pipra, Dist.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shruti Sinha For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Pipra P.S. Case No.30 of 2019 for the offence punishable under Sections 341, 323, 324, 379, 504, 34 of the Indian Penal Code. The allegation against the petitioner is that on the date of occurrence due to leakage of water from the roof of the informant, the petitioners came and started abusing and beating the informant and when his wife tried to intervene, Rinki Devi snatched Mangalsutra and Jiutia from the neck of the wife of the informant. Learned counsel for the petitioner submits that the petitioners have falsely been implicated inasmuch as there is land dispute between the parties and there is case and counter case. The
Patna High Court CR. MISC. No.40717 of 2019(2) dt.02-07-2019 2/2 petitioner No.1 has lodged an FIR bearing Pipra P.S. Case No.29 of 2019 for an offence registered under Section 341, 323, 504/34 of the IPC.
After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and upon perusal of the materials available on record, it is evident that there is a case and counter case between the parties due to land dispute and the case filed by the petitioner No.1 is much prior to this case. As such, I am inclined to grant anticipatory bail to all petitioners. Accordingly, all the petitioners, named above, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioners, the petitioners shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Masaudhi, Patna, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T