Sita Ram Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46998 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SITA RAM PANDIT S/o Late Yojendra Pandit R/o village- Balain, P.S.- Arer, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner as well as learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 354, 379, 504/34 of the Indian Penal Code.

The prosecution story in short is that there is land dispute of expenses of the mother-in-law of complainant for which the occurrence took place.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.46998 of 2022(2) dt.06-12-2022 2/3 He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is submitted that there is an admitted land dispute between the parties. He further submits that the occurrence took place on 09.09.2021 but the FIR was lodged on 29.09.2021 i.e. after a delay of 20 days, without giving any plausible explanation regarding the said delay. The complainant and petitioner are patidar. He further submits that the petitioner is an old age person and the elder brother of the husband of the complainant. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is an admitted land dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection

Patna High Court CR. MISC. No.46998 of 2022(2) dt.06-12-2022 3/3 with Complaint Case No.268 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T