Dulia Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.517 of 2017 Arising Out of PS.Case No. -40 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Dulia Devi W/o Ramdeo Sharma
2. Laxman Sharma S/o- late Tilai Sharma
3. Lalan Sharma S/o Late Tilai Sharma
4. Manoj Sharma S/o- Ramdeo Sharma All resident of VillageMakdampur, P.S. Puraini, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ranjeet Kumar S/o Nebi Mistri All resident of Village- Makdampur, P.S. Puraini, District- madhepura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 40 of 2014 registered under Sections-379, 420, 468, 504/34 & other minor sections of the Indian Penal Code. It is alleged that petitioners having got prepared forged document, made attempt to dispossess the complainant from the land and also committed loot of her belongings. Submission on behalf of petitioners is that the complaint petition itself goes to show that there was land dispute
Patna High Court Cr.Misc. No.517 of 2017 (2) dt.13-01-2017 2/2 between the parties and therefore, even if, it is assumed that some quarrel took place between the parties, then also, it will be presumed that petitioners were making attempt to get possession of the land in question under bona fide land dispute. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 40 of 2014 to the satisfaction of learned Judicial Magistrate-Ist Class, Udakishunganj at Madhepura.
(Hemant Kumar Srivastava, J) A.K.V./- U T