Radhey Shyam Pathak And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32609 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -DHANSORI District- BUXAR ======================================================
1. Radhey Shyam Pathak, s/o Late Suresh Pathak
2. Kumar Rajeev Pathak, s/o Late Suresh Pathak Both are residents of village- Itardhiya, PS- Dhansoin, Dist- Buxar .... .... Petitioner/s
Versus
1. State of Bihar
2. Bharat Pathak, s/o Late Ram Suresh Pathak, r/o vill- Itardhiya, PSDhansoin, Dist-Buxar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Dhansoin PS case no. 100 of 2016 registered for the offences punishable under Sections 341, 323, 379, 354, 467, 285/34 of Indian Penal Code.
The case of the informant is that the accused persons had come to his house armed with various weapons and assaulted the informant and his family members. It is further alleged that the said accused persons were trying to extort money from the informant.
Learned counsel for the petitioners submits that the petitioners are the full brothers of informant, there is land
Patna High Court Cr.Misc. No.32609 of 2017 (2) dt.13-07-2017 2/2 dispute between the parties and they have been falsely implicated by the informant. It is further submitted that a civil suit is going on between the parties. It is also submitted that petitioners have clean antecedents.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to grant anticipatory bail to the petitioners.
Accordingly, let the abovenamed petitioners, in the event of their arrest or surrender in the Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dhansoin PS case no. 100 of 2016 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J.) rinkee/- U T