Garib Nath Rajak And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52291 of 2015 Arising Out of PS.Case No. -531 Year- 2011 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Garib Nath Rajak S/o late Baleshwar Chaudhary@late Baleshwar Rajak. Null

2. Minu Devi W/o Garibnath Rajak both resident of Mohalla-Imamganj, Near Mahila Silp Kala Bhawan, P.S. Town, District, Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Smt. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-12-2015 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Town P.S. Case No. 531 of 2011, for offences alleged under Sections 364, 120(B) of the Indian Penal Code. Initially, the complaint case no. 1187 of 2011 was registered against the petitioners and one other. The allegation made by the complainant/informant in the said complaint case is against the petitioners for kidnapping and against one Suresh

Patna High Court Cr.Misc. No.52291 of 2015 (3) dt.14-12-2015 2 / 2 Rajak his own brother who were instrumental in the kidnapping of his son. However this relationship of Suresh Rajak (accused) of being own brother has been suppressed by the informant. The only allegation is land dispute and it was mentioned in para 36 of the case diary that his own brother, another co-accused Suresh Rajak wanted to grab the land and building of the complainant/informant. The Counsel for the petitioner submits that because of land dispute between the complainant/informant and co-accused Suresh Rajak, the petitioners have been falsely implicated due to grudge, suspicion and dirty village politics.

Be that as it may, let the above named petitioners, in the event of arrest or surrender before the court below within a period of six weeks from today be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two securities of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 531 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.