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Patna High CourtCR. MISC./28986/2015bail granted

Rabindra Kumar Roy And ORS v. State Of Bihar And ANR

2015-07-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28986 of 2015 Arising Out of PS.Case No. -468 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================

1. Rabindra Kumar Roy Son of Shri Brijnandan Roy

2. Brajnandan Roy @ Brijnandan Roy, son of Late Shri Nandan Roy

3. Smt. Kiran Roy, wife of Rabindra Kumar Roy, All resident of Araria, P.S.- Araria, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Abdul Kaiyum Son of Late Md. Nasir, R/o Village- Chainpur, P.S.- Araria, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwini Kumar Gupta, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 364, 323, 342, 406 of the Indian Penal Code.

Prosecution case is that the informant's son was working with the petitioners as domestic help on the wages of Rs. 900/- per month. When the informant went to meet his son and demanded wages, then accused persons abused and assaulted the informant and Rs.10,000/- was demanded as extortion from the informant but Rs.6300/- wages of his son were not paid. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.28986 of 2015 (2) dt.27-07-2015 petitioners that the complaint was filed on 21.04.2010 when the First Information Report came to be registered on 11.08.2014 on the application of petitioner no. 2 vide Case No. 197M of 2010. Proceeding under Section 144 Cr.P.C. was initiated. There is land dispute between the petitioner and informant. Petitioner Rabindra Kumar filed Araria P.S. Case no. 507 of 2000 on 15.12.2000 against the informant and a complaint case was also filed. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on 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 Magistrate, Araria in connection with Araria P.S. Case No. 468 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

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