Rajeev Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55642 of 2016 Arising Out of PS.Case No. -709 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Rajeev Kumar,

2. Ranjan Kumar Both Sons of Daya Shankar Prasad, Both R/o Village/Mohalla- Gandhi Ashram, P.S.- Hajipur Town, Distt- Vaishali .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Manish Chandra Gandhi, Advocate Mr. Ajit Kumar Sinha, Advocate For the Opposite Party : Smt. Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Hajipur Town P.S. Case No. 709 of 2016 instituted for the offence under Sections 341, 323, 504, 506, 447, 354, 379 and 308/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is a counter case also filed by the petitioner no.1 against the informant vide Hajipur (Town) P.S. Case No. 703 of 2016. It has also been submitted that on earlier occasion informant has badly assaulted the petitioners' mother for which she lodged Hajipur Town P.S. Case No. 26 of 2016. It has further been submitted that there is land dispute between the parties for which proceeding under Section 107 and 144 of Cr.P.C was also earlier

Patna High Court Cr.Misc. No.55642 of 2016 (3) dt.20-02-2017 2/2 drawn.

From the written report, it appears that there is general and omnibus allegation levelled against the petitioners that petitioner no.1 started pressing the neck of the informant and petitioner no.2 started doing indecent activities and also torn the sari of the wife of informant.

Keeping in view that there is land dispute between the parties and counter case has also been filed by the petitioner no.1 against the informant, which is also pending, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Hajipur Town P.S. Case No. 709 of 2016, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T