Shambhu Tiwari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42324 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================
1. Shambhu Tiwari S/o Sri Nagendra Tiwari
2. Rajendra Tiwari S/o Late Janak Tiwari
3. Nagendra Tiwari S/o Late Vishambher Tiwari All are the resident of Village- Chorma, P.S.- Bhagwanpur Hat, Distt- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Shrivastava For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Bhagwanpur Hat P. S. Case No. 87 of 2016, disclosing offences under Sections 341,323,324,354,379 and 504/34 of the Indian Penal Code.
It is alleged in the First Information Report that accused persons, four in number entered into the house of the informant and while hurling abuses, they assaulted the informant's daughter with lathi, danda and dagger. They are also said to have snatched a golden chain. It is evident from the First Information Report that land dispute is the reason behind the controversy.
Learned counsel for the petitioners has submitted that the allegations are vague and general in nature. The petitioners have no criminal antecedent as stated in paragraph 3 of the application.
Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below 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 the learned A.C.J.M, -X, Siwan in Bhagwanpur Hat P. S. Case No. 87 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/-c U