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Patna High CourtCR. MISC./43636/2015bail granted

Rama Singh And ORS v. The State Of Bihar

2015-10-16Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43636 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -DURAULI District- SIWAN ======================================================

1. Rama Singh son of Late Ramjada Singh

2. Bhagwan Dayal Singh son of Late Ramjada Singh

3. Ram Nikshtra Singh son of Late Ramjada Singh

4. Paras Singh son of Late Ramjada Singh

5. Ghanshyam Singh son of Paras Singh Resident of village- Munra Khap, P.S. Darauli, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 323, 504 and 506/34 of the Indian Penal Code.

The prosecution case is that the petitioners

Patna High Court Cr.Misc. No.43636 of 2015 (2) dt.16-10-2015 2/3 realized two lakhs twenty thousand rupees from the informant for getting BSNL mobile tower installed on the land of the informant but neither the tower was installed nor the money were returned.

It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. Durgesh Kumar Singh, son of petitioner no. 2 filed a petition before the Circle Officer, Darauli to the effect that Shivmuni Choudhary and Shambhu Choudhary, the father and brother of the informant are trying to encroach the land of petitioner no. 2. 107 Cr.P.C. proceeding was also initiated between petitioner no. 1 and the brother of the informant which gets reflected from the document contained in Annexure-4. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the accusation in the background of litigated relationship between the parties, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.43636 of 2015 (2) dt.16-10-2015 3/3 Magistrate, Siwan in connection with Darauli P.S. Case No. 87 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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