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Patna High CourtCR. MISC./48369/2019bail granted

Bajo Saw @ Bajrangi Saw v. The State Of Bihar

2019-08-05Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48369 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Bajo Saw @ Bajrangi Saw, Son of Jagdish Saw @ Jago Saw Resident of Village - Dighari, P.S.- Surajgarha (Manikpur), District - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Brahmdev Tanti Resident of Village - Dighari, P.S.- Surajgarha (Manikpur), District - Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Lakhisarai Complaint Case No.346©/2018 for the offence punishable under Sections 448, 323, 327, 380 and 384 of the Indian Penal Code.

The allegation against the petitioner in the complaint is that he entered into the house of the complainant in the night and abused and assaulted her and forcibly tried to take her thumb impression on a plain paper with a view to grab her land. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the false complaint

Patna High Court CR. MISC. No.48369 of 2019(2) dt.05-08-2019 2/2 inasmuch as there was land dispute between the petitioner and the complainant, vide Anchal Case No.53 of 2018-19 in which final order was passed directing both the parties to go for Civil Court for title. Learned counsel further submits that due to the land dispute, complainant has lodged a false complaint case against the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is previous land dispute between the parties, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon 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, Lakhisarai, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T