Rinku Pandey @ Rabi Prakash Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64079 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- MAHARAJGANJ District- Siwan ======================================================
1. Rinku Pandey @ Rabi Prakash Pandey ,
2. Pappu Pandey @ Anand Prakash Pandey, Both Sons of Bishwanath Pandey @ Vishwa Nath Pandey
3. Bishwanath Pandey @ Vishwa Nath Pandey, Son of LKate Kapildeo Pandey, Resident of Village-Mananpatti Sondhani, P.S. Sondhani, P.S. Bhagwanpur Hatt. District-Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anita Kumari For the Opposite Party/s :
Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Bhagwanpur Hatt P. S. Case No. 115 of 2018 dated 30.05.2018 instituted for the offences under Sections 341, 323, 324, 354, 379, 504, 506 and 34 of the Indian Penal Code.
The informant has alleged that petitioner no. 1 always eve-teased her daughter. When a protest was made by the informant to the father of petitioner no. 1, i.e., petitioner no. 3 on the next day of the protest, the
Patna High Court Cr.Misc. No.64079 of 2018(2) dt.14-12-2018 2/3 petitioners assaulted the informant and others and also took away his personal belongings including cash.
Learned counsel for the petitioners has submitted that prior to the lodging of the present case, the petitioner no. 1 had filed a case against the informant and others which has been registered as Bhagwanpur Hat P. S. Case No. 113 of 2018.
It has further been submitted that from the perusal of the written report itself it would appear that there is a land dispute between the parties and it has been alleged that for the purposes of usurping the land, the daughter of the informant was always teased by petitioner no. 1. The injuries suffered by the victims of the occurrence are all simple in nature.
Regard being had to the aforesaid facts as also taking into account that the petitioners are neighbours of the informant, there being a counter case and the petitioners not having any criminal antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from
Patna High Court Cr.Misc. No.64079 of 2018(2) dt.14-12-2018 3/3 the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Siwan in connection with Bhagwanpur Hatt P. S. Case No. 115 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U