Megnath Singh @ Meghnith Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30385 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Megnath Singh @ Megnith Singh, son of Pradeep Singh

2. Lakshmi Singh, son of Pradeep Singh Both are resident of Village-Bajitpur, Police Station-Hajipur Sadar, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 384, 504, 34 of the Indian Penal Code and Section 3(1)(xi) of the SC & ST (Prevention of Atrocities) Act. The basic accusation is of demanding extortion, making assault and abusing by calling caste name. It is submitted by learned counsel for the petitioners that co-accused Pradeep Singh filed Complaint Case No. C1-2933 of 2013 against the sons of the informant at earlier point of time and as a retaliatory measure the informant has filed the present case. Title Suit No. 463 of 2004 has been decreed in favour of petitioner No. 1 but the said land was subsequently sold by the son of the original land holder in

Patna High Court Cr.Misc. No.30385 of 2015 (2) dt.30-07-2015 2/2 favour of the son of the informant. Hence, there was bona fide title dispute between the parties.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. It is submitted by learned counsel for the informant that accusation is specific and during investigation the accusation has been found true.

Considering the accusation being levelled in the background of the complaint filed by the accused side at earlier point of time and there had been a bona fide land dispute between the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with SC/ST P.S. Case No. 14 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T