Ajay @ Bablu Tamoli And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36957 of 2015 Arising Out of PS.Case No. -3 Year- 2010 Thana -MALAYPUR District- JAMUI ======================================================

1. Ajay @ Bablu Tamoli son of late Ram Prasad Tomoli,

2. Sanjay @karu Tamoli son of late Ram Prasad Tomoli, Both are resident of Village Nawada Road, sikandra, P.s Sikandra, District Jamui.

3. Rajo Devi wife of Khadagdhari Mandal resident of Village Baraichak, Palam, P.s Jamalpur, District Munger.

4. Nandu Sharma@Nandlal Sharma son of late Ramprit Sharma resident of Village Panchmaua,P.s Sikandra, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 364A, 506, 120B/34 of the Indian Penal Code.

The prosecution case is that the informant's husband went in the company of petitioners in a Marshal vehicle, thereafter he went traceless.

It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled and the petitioners have been maliciously roped in the present case only on suspicion.

Patna High Court Cr.Misc. No.36957 of 2015 (5) dt.02-11-2015 Partition Suit No. 09 of 2008 is pending between the parties. It is further submitted that the informant has some illicit relation with someone else, hence the informant got her husband removed from the scene. Hence the informant in order to save her skin got the petitioners roped in the present case. Co-accused has been granted anticipatory bail by the learned court below.

Considering the fact that the case was registered in 2010, this Court is not inclined to interfere in the matter. However, considering the suspicion nature of accusation, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Malaypur P.S. Case No. 03 of 2010, pending in the court of learned Chief Judicial Magistrate, Jamui. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T