Murari Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53853 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- BARH District- Patna ====================================================== 1.

MURARI PRASAD SINGH Son of Late Surendra Prasad Singh Resident of Village - Ambedkar Nagar, Ward No.8, P.S.- Barh, Distt.- Patna. 2.

ANITA DEVI W/O MURARI PRASAD SINGH Resident of Village - Ambedkar Nagar, Ward No.8, P.S.- Barh, Distt.- Patna. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2022 Learned counsel for the petitioners has filed an Interlocutory Application bearing no.1/2022 in which it is stated that one of the brothers of the petitioners was received the notice on behalf of the informant who lives jointly in the parental house. This fact gets reflected from para-3 of the Interlocutory Application.

Considering the submissions made by the learned counsel for the petitioners, the notice issued to the informant is treated to be validly served.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.53853 of 2021(6) dt.12-10-2022 2/3 Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they are forcibly registered land by the mother of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is civil dispute between the parties. He further submits that petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is civil dispute between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds

Patna High Court CR. MISC. No.53853 of 2021(6) dt.12-10-2022 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 69 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T