Rukmina Devi @ Rukmini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66083 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- LAURIA District- West Champaran ====================================================== 1.

RUKMINA DEVI @ RUKMINI DEVI W/o Ram Prit Sah Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran. 2.

Pradip Kumar @ Pradip Sah Son of Chunni Sah Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran.

3.

Akhilesh Sah @ Akhileshwar Kumar Son of Chunni Sah Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran. 4.

Chunni Sah Son of Late Sadhu Sah Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran.

5.

Sitaram Giri @ Seetaram Giri @ Sitaram Son of Suresh Giri Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran. 6.

Nathu Das Son of Late Shivnandan Das Resident of Village - Belwa Mor, P.S.- Lauriya, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar,Adv.

For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 384, 504, 506, 34 of the Indian Penal Code.

As per the prosecution case, on 05.06.2021 at 5:00 PM, while the informant was in his field, petitioners came there and started abusing him, which was objected by informant, and thereafter, petitioner no. 4 (Chunni Sah) took out a pistol and

Patna High Court CR. MISC. No.66083 of 2021(2) dt.18-07-2022 2/3 forcibly took signature of informant on a blank stamp paper and thereafter, petitioners demanded Rs. 2,00,000/- (two lacs), as protection money.

It is submitted on behalf of petitioners that admittedly, there is land dispute between the parties and series of litigations are going on between them and due to that reason, this false case has been lodged by the informant.

As per F.I.R. itself, specific accusation is against petitioner no. 4 Chunni Sah. So far as other petitioners are concerned, they are alleged to be member of the mob. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner no. 4 / Chunni Sah is refused.

So far as prayer for anticipatory bail of petitioner no. 1, 2, 3, 5 and 6, as named above, is concerned, since there is no specific allegation against them, in the event of their arrest/surrender within a period of six weeks from today, they are directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 131 of 2021, subject to condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.66083 of 2021(2) dt.18-07-2022 3/3 of the Code of Criminal Procedure.

The application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T