Ramjani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45105 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- ABADPUR District- Katihar ====================================================== RAMJANI Son of Late Kasim Resident of Village - Kothar Sattar Ghat, P.S.- Abadpur, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Kalyan Shankar For the informant :

Mr. Sanjeev Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2019 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Abadpur Police Station Case No. 42 of 2019, disclosing offences under Sections 341/323/354(b)/379/ 427/504/506/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with others, entered into the land of the informant and took away the wheat crops standing on the said land.

Learned Counsel for the petitioner submits that the entire family members of the petitioner have been implicated in

Patna High Court CR. MISC. No.45105 of 2019(2) dt.24-07-2019 2/3 this case due to oblique motive inasmuch as the land, which is claimed by the informant, belongs to the petitioner and in support of this submission, learned Counsel has annexed Annexure-2, sale deed of the land in question, dated 11.12.2017, executed in favour of the petitioner's wife.

Learned Counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that crops of the informant has forcibly been taken away by the petitioner and his family members and further the accused persons tried to outrage the modesty of the sister of the informant. After having heard learned Counsel for the parties and taking into consideration the fact that the land in question belongs to the petitioner's wife, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Ramjani, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Abadpur Police Station Case No. 42 of 2019, subject to the condition laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.45105 of 2019(2) dt.24-07-2019 3/3 Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √