Indranand Rishideo And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.34657 of 2018 (2) dt.02-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34657 of 2018 Arising Out of PS.Case No. -1832 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Indranand Rishideo, S/o Late Kadmu Rishideo
2. Biren Rishideo S/o Dhaknu Rishideo
3. Sahdev Rishideo, S/o Late Jagdish Rishideo.
4. Dev Narain Rishideo, S/o Late Rabbi Rishideo,
5. Satya Narain Rishideo, S/o Late Rabbi Rishideo, All residents of Village Mahalgaon, P.S.- Mahalgaon (Jokihat), District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Domar Rishideo, S/o Late Parnu Rishideo Resident of Village Ukhawa Ward No. 01, P.S. Mahalgaon, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No.1832C of 2016 registered under Sections 147, 341, 323, 504, 506, 420, 354(B)/149 of the Indian Penal Code. The complainant alleged that the pond was earlier settled in his name but Nirmal Chaudhary, accused No.1 became the Secretary of the Fishers Co-operative Society. Nirmal Chaudhary settled the pond in favour of Kishanlal Chaudhary. It is further alleged that Nirmal Chaudhary took Rs.45,000/- from him for settlement of the pond but he did not settled the pond in his favour. When the complainant demanded money, the accused persons assaulted the complainant.
Patna High Court Cr.Misc. No.34657 of 2018 (2) dt.02-07-2018 The learned counsel for the petitioners submits that petitioners are of course named in the complaint petition but no specific allegation of either demand of money or assault is made against the petitioners. The specific allegation of taking money is against Nirmal Chaudhary and Nirmal Choudhary and Kishanlal Choudhary who are not petitioners here are alleged to have assaulted the complainant and his wife.
Having Considered the facts aforesaid that the petitioners are of course named in the complaint petition but no specific allegation is made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to 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 Sri Sanjeev Kumar II, learned A.C.J.M. V, Araria in connection with Complaint Case No.1832C of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T