Munna Pandey @ Munna Kumar Pandey @ Sujeet Kumar Pandey@ Sujeet Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44557 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- MAHILA P.S District- West Champaran ====================================================== 1.

Munna Pandey @ Munna Kumar Pandey @ Sujeet Kumar Pandey @ Sujeet Pandey, Aged about 53 years, Male, S/o Subash Chandra Pandey @ Subas Pandey, R/o village- Panchgawa, P.S.- Semara, District- West Champaran 2.

Vishwajit Kumar Pandey @ Vishwajit Pandey @ Chun Chun Kumar Pandey, Aged about 46 years, Male, S/o Subash Chandra Pandey @ Subas Pandey, R/o village- Panchgawa, P.S.- Semara, District- West Champaran 3.

Bittu Pandey @ Bittu Kumar Pandey @ Amit Kumar Pandey, Aged about 30 years, Male, S/o Sujeet Kumar Pandey @ Munna Pandey, R/o villagePanchgawa, P.S.- Semara, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhitabh Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

Petitioners apprehend their arrest in (Ram Nagar) Mahila P.S. Case No.60 of 2018, registered under Sections 341, 323, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. The informant, in sum and substance, alleged that her neighbours Munna Pandey, petitioner no.1 and Vishwajit Pandey, petitioner no.2 stalked her while she was going to throw the waste of her house. On alarm her minor daughters also came there. It is further alleged that Munna Pandey abused her daughters and also torn clothes. Bittu Pandey snatched chain

Patna High Court CR. MISC. No.44557 of 2019(3) dt.23-07-2019 2/3 made of gold from her neck.

Learned counsel for the petitioners submits that the police after investigation submitted charge sheet under Sections 323, 354, 504, 506 and 34 of the Indian Penal Code. The accusation under Section 379 of the Indian Penal Code was found false. It is further submitted that even the allegation of eve teasing or hurling any abusive language are false and concocted. The informant is wife of Sanjay Kumar Pandey. Sanjay Kumar Pandey is the son of Jahangir Pandey from his second wife. From the first wife of Jahangir Pandey, Jahangir Pandey got three sons, namely, Subhash Pandey, Ravindra Nath Pandey and Vinoda Pandey. Petitioner no.1, Munna Pandey and petitioner no.2, Vishwajit Pandey are sons of Subhash Pandey and Bittu Pandey @ Bittu Kumar Pandey @ Amit Kumar Pandey is son of Sujeet Kumar Pandey @ Munna Pandey.

The informant happens to be aunt and grandmother of the petitioners and the petitioners cannot even think of abusing their aunt or grandmother. In fact Partition Suit No.66 of 2013 is pending between the parties in the court of Sub-Judge-I, Bagaha and on account of such land dispute, the husband of the informant, namely, Sanjay Kumar Pandey also filed Complaint Case No.2932 of 2012.

Patna High Court CR. MISC. No.44557 of 2019(3) dt.23-07-2019 3/3 informant made such allegation.

Considering the facts aforesaid and the fact that the petitioners happens to be son and grandson of step brother of the husband of the informant, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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., Bagaha, West Champaran in connection with (Ram Nagar) Mahila P.S. Case No.60 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T