Manoj Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45506 of 2018 Arising Out of PS.Case No. -152 Year- 2018 Thana -RUPASPUR District- PATNA ======================================================
1. Manoj Kumar, Son of Late Surendra Kumar Sinha, resident of MohallaVijaya Colony, Ram Jaipal Nagar, Gola Road, P.S. Rupaspur, DistrictPatna.
2. Ashutosh Kumar Pandey, Son of Biyogi Narayan Pandey, resident of Hanuman Nagar, New Puanichak, P.S.- Shastrinagar, District- Patna. .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Kant Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2018 Supplementary affidavit has been filed on behalf of the petitioner, which may be kept on record.
Heard learned counsel for the petitioners, the informant and the State.
The petitioners apprehend their arrest in Rupaspur P.S. Case No. 152 of 2018, instituted for the offence under Sections 341, 384, 386, 387, 504 and 506/34, of the Indian Penal Code. In the written report there is allegation that while the informant was trying to construct house on her land, the petitioners raised objection and made demand of Rs. 20 lacs as Rangdari. Learned counsel for the petitioners has submitted that it is a matter of land dispute between the parties.
Counter affidavit has been filed on behalf of O.P. No. 2, from which it appears that there is land dispute between the parties. It is
Patna High Court Cr.Misc. No.45506 of 2018 (4) dt.28-08-2018 2/2 also submitted that title suit No. 375 of 2016 is pending between the parties in the court of Sub Judge V, Danapur, Patna. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Rupaspur P.S. Case No. 152 of 2018, they shall be enlarged 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 the learned A.C.J.M. II, Danapur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions:
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) If petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi/abhijeet- .U T