Balindra Rabidas @ Balindra Kumar Das @ Balendra Kr. Das And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67924 of 2018 Arising Out of PS. Case No.-612 Year-2018 Thana- COMPLAINT CASE District- Jamui ======================================================

1. BALINDRA RABIDAS @ BALINDRA KUMAR DAS @ BALENDRA KR. DAS, Son of Sitarm Rabidas

2. Brahmdeo Rabidas @ Brahmdeo Das, Son of Bhutak Rabidas

3. Subodh Rabidas @ Subodh Kumar, Son of Brahmdeo Rabidas @ Brahmdeo Das, All Resident of Village-Gopalpur,.P.S. Khaira, Distt.-Jamui ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tara Devi, Wife of Mohan Das, Resident of Village-Gopalpur, P.S. Khaira, Distt.-Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the punishable under Sections 323, 382, 452, 504 and 506/34 of the Indian Penal Code.

The prosecution case got initiated on filing of complaint case to the effect that on 06.05.2018 at 8.00 P.M., the accused persons entered into the house of the complainant and abused and assaulted the complainant. It is further alleged that coaccused, Sitaram Ravidas snatched a pair of gold earring worth

Patna High Court Cr.Misc. No.67924 of 2018(2) dt.17-12-2018 2/3 Rs.16000/- from the complainant, whereas, petitioner no.3, Subodh Ravidas took away a box containing cash of Rs.5000/- and other things. It is also alleged that petitioner nos. 1 and 2 in course of escaping from the scene resorted to firing. It is submitted by learned counsel for the petitioners that there is no injury report on record and in the background of land dispute the accusation has been levelled. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitions in the complaint petition.

Considering the nature of accusation and the fact that the impugned order reflects that the injury report is not on record, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM-1st Class, Jamui in connection with Complaint Case

Patna High Court Cr.Misc. No.67924 of 2018(2) dt.17-12-2018 3/3 No. 612(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T