Nagendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52007 of 2021 Arising Out of PS. Case No.-617 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

NAGENDRA BAITHA Son of Late Rudal Baitha R/o Village- Barwa, P.S.- Sangrampur, District- East Champaran.

2.

Rambhu Baitha S/o Kapildev Baitha R/o Village- Barwa, P.S.- Sangrampur, District- East Champaran.

3.

Pappu Kumar Rajak S/o Bala Baitha R/o Village- Barwa, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 385, 379, 504 and 506/34 of the Indian Penal Code, registered in connection with Motihari Mufassil P.S.Case No. 617 of 2020. Petitioner no. 1 is father of the informant Shanti Devi. Petitioner no. 2 is cousin brother of the informant and petitioner no.3 is younger brother-in-law (bahnoi) of the informant. As per allegation, the father of the informant refused to give share in his property and when they demanded their

Patna High Court CR. MISC. No.52007 of 2021(2) dt.02-08-2022 2/2 share, the accused persons badly assaulted the informant and her family members.

The learned counsel for the petitioners has submitted that it is a pure case of civil nature which was given criminal colour.

Considering the above facts and circumstances, especially the clean antecedent of the petitioners, let them above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, 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 CJM, Motihari, East Champaran in connection with Motihari Mufassil P.S.Case No. 617 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T