Ram Govind Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23229 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Ram Govind Rai son of late Deonandan Rai
2. Brahmdeo Rai son of late Deonandan Rai
3. Sanjeet Rai alias Budho Rai son of late Ram Prasad Rai .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 384 and 386/34 of the Indian Penal Code.
Prosecution case is that the ancestral land of the informant pertaining to Tauzi No.9646, Khata No.22, Khesra Nos.6530, 6531 area 1 Katha 13 dhurs and 7 dhurki was in possession of the informant. Somehow, petitioner no.1, Ram Govind Rai, got the mutation in his favour done with regard to aforesaid land,
Patna High Court Cr.Misc. No.23229 of 2016 (2) dt.25-05-2016 2/3 which was being challenged by the father of the informant vide Misc. Case No.33/2011-12 and, thereafter, Jamabandi was passed in favour of the informant. But, thereafter, petitioner no.1, was not allowing the informant to take possession over the land in question and demanded extortion of Rs.50,000/-. It is submitted by learned counsel for the petitioners that even assuming the accusation no offence under sections 384 and 386 is made out as admittedly no payment for extortion amount has been made. It is further submitted that petitioner no.2, lodged Teghra P.S. Case No.81/2006, levelling accusation under sections 147/148/149/341/323/324/307 of the Indian Penal Code, against the informant's side, in which the trial has commenced.
Hence, in order to exert pressure, the present case has been lodged. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.23229 of 2016 (2) dt.25-05-2016 3/3 Teghra P.S. Case No.1/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T