Ramdeo Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24963 of 2016 Arising Out of PS.Case No. -3042 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramdeo Sah Son of Sahdeo Sah
2. Nand Lal Sah son of Yogendra Sah null
3. Jitendra Sah son of Rang Lal Sah
4. Rishideo Sah son of Rajdeo Sah all are residents of Village - Partapur, P.S. - Mehsi, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kunti Devi wife of Gopal Bhagat resident of Village - Partapur, P.S. - Mehsi, District - East Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2016 The certified copy of the Complaint Case No.
3042 of 2012 has been filed on behalf of the petitioners, let the same be kept on record.
Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 140 of 2016, in which cognizance has been taken for the offence punishable under Section 436/34 of the Indian Penal Code.
It is alleged that the accused persons set on fire the paddy, wheat and other materials of the informant in
Patna High Court Cr.Misc. No.24963 of 2016 (4) dt.15-07-2016 2/3 the night of 23.11.2012.
Learned Counsel appearing on behalf of the petitioners has submitted that the same informant or his family member have lodged so many cases against the petitioners, details of which have been given in paragraph 3 of the application. It has been submitted that because of civil dispute between the informant and the petitioners, the present false case has been instituted.
Considering the above submission, this application is allowed.
Let the petitioners, namely, Ramdeo Sah, Nand Lal Sah, Jitendra Sah and Rishideo Sah, in the event of their arrest or surrender before the Court below within six weeks, be released 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 6th Additional Chief Judicial Magistrate, Sadar Motihari, East Champaran, in connection with Complaint Case No. 3042 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court Cr.Misc. No.24963 of 2016 (4) dt.15-07-2016 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √