Biri Lal Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42316 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- BOUNSI District- Araria ====================================================== 1.
BIRI LAL RISHIDEO Son of Late Fussan Rishideo Resident of VillageNandanpur, Police Station- Bounsi, District- Araria. 2.
Bam Mandal @ Bambam Mandal Son of Kalanand Mandal Resident of Village- Nandanpur, Police Station- Bounsi, District- Araria. 3.
Bijendra Rishideo @ Vijendra Rishidev Son of Late Singheshwar Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, District- Araria. 4.
Bhupendra Rishideo Son of Late Singheshwar Rishideo Resident of VillageNandanpur, Police Station- Bounsi, District- Araria. 5.
Krishna Kumar @ Krishna Kumar Rishideo Son of Late Singheshwar Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, DistrictAraria. 6.
Arun Rishideo @ Arun Kumar Son of Bijendra Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, District- Araria. 7.
Most. Shushila Devi Wife of Saudagar Rishideo Resident of VillageNandanpur, Police Station- Bounsi, District- Araria. 8.
Sita Ram Rishideo Son of Jagdish Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, District- Araria.
9.
Girja Devi @ Giraja Devi Wife of Late Ishk Lal Chandra Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, District- Araria. 10.
Lal Chandra Rishideo @ Lalchand Rishideo S/o Late Ishk Lal Chandra Rishideo Resident of Village- Nandanpur, Police Station- Bounsi, DistrictAraria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2019 Heard both sides.
The petitioners apprehend their arrest in Bounsi P.S. case No. 172 of 2018 registered under Section 307 and other
Patna High Court CR. MISC. No.42316 of 2019(2) dt.09-07-2019 2/3 minor Sections of the IPC.
The informant alleged that the accused persons came to his land situated in Mauza Nandanpur, Khesra No. 2221, Khata No. 1105 and disclosed that they had entered into an agreement to purchase the aforesaid land. The accused persons asked the informant not to cultivate the land. When the informant protested, all the accused persons are said to have abused the informant but Dashrath Rishideo gave sword blow on the head of informant. Prakash Rishideo took away Rs. 4,000/- from the pocket of informant.
The learned counsel for the petitioners submits that Prakash Rishideo and Dashrath Rishideo are not the petitioners. There is no allegation of assault against the petitioners. The occurrence took place due to land dispute and only omnibus and general allegation of abusing is made against the petitioners. Petitioner No.7 Most. Sushila Devi and petitioner No.9 Girja Devi are ladies.
Considering the facts aforesaid and the fact that there is no allegation of assault against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be
Patna High Court CR. MISC. No.42316 of 2019(2) dt.09-07-2019 3/3 enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Bounsi P.S. case No. 172 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T