Mahadeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45195 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- ROHTAS District- Rohtas ====================================================== Mahadeo Ram Son of Kashinath Ram Resident of Village- Ruphata, P.SAmjhor, Dist- Rohtas ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Ram Sevak Choudhary For the State :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rohtas Police Station Case No. 98 of 2024, dated 17.03.2024, disclosing offences under Sections 323/341/354(b)/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 16.03.2024, in the evening at about 07:00 PM, a programme was organized by Rajwanshi Community on the occasion of Taranvir Dewta festival, in which, a DJ was being played loudly. During course of singing and dancing, the accused persons, named in the First Information Report, including the petitioner, destroyed

Patna High Court CR. MISC. No.45195 of 2024(2) dt.24-07-2024 2/3 the boundary made of bamboo and balla, abused the informant and outraged her modesty. The accused persons assaulted the informant by fists and legs and snatched golden locket from her.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to dispute regarding the land, in question. The scuffle took place with the informant on the ground that deity has been established by the Rajwanshi Community over the land and for encroachment of deity's temple, the informant has put a boundary on the land. He further submits that a complain in this regard has been made by the Rajwanshi Community before the circle officer and gram kachari by Annexure-P/2. Subsequently, a notice has been issued to the informant by the Circle Officer, Tilouthu, and due to land dispute the petitioner, along with others, has been made accused.

5. Regards being to the submissions made on behalf of the parties and taking into consideration the material available on record and the fact that there appears to be land dispute between Rajwanshi Community and the informant, for which a notice has been issued to the

Patna High Court CR. MISC. No.45195 of 2024(2) dt.24-07-2024 3/3 informant by the circle officer, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Rohtas Police Station Case No. 98 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U