Rambabu Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20787 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -GOBARDHANA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rambabu Prasad, S/o Late Shambhu Sah,
2. Jitendra Kumar, S/o Late Shambhu Sah,
3. Shobha Devi, W/o Rambabu Prasad, All R/o Vill.- Narainapur, Ram Nagar, P.S.- Ram Nagar, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate. For the informant : Mr. Krishna Ranjan, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Goberdhana P.S. Case No. 34 of 2017 instituted for the offence under Sections 406, 419, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code. It has been submitted that there is land dispute between the parties. It has further been submitted that informant is son of the vendor late Manmohan Bikram Sah who has sold about 5-7 decades back many lands in the name of different persons including Saraswati Kuar @ Saraswati Devi wife of Chhedi Singh from whom the present petitioners have purchased the land after paying consideration money in which the son of the informant namely, Mritunjay Bikram Sah is the
Patna High Court Cr.Misc. No.20787 of 2018 (3) dt.20-06-2018 2/2 witness.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Goberdhana P.S. Case No. 34 of 2017, they shall be released on anticipatory 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 Sub Divisional Judicial Magistrate, Bagaha, Distt. West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T