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Patna High CourtCR. MISC./34873/2017bail granted

Jag Ram And ORS v. The State Of Bihar

2017-08-11Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34873 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jag Ram, Son of Late Mangar Ram,

2. Pahari Ram Son of Late Nathuni Ram,

3. Prabhu Ram Son of Ramanand Ram,

4. Rambabu Ram Son of Ramanand Ram,

5. Shyambabu Ram Son of Ramanand Ram,

6. Ramanand Ram Son of Jag Ram,

7. Dhruv Ram Son of Late Harihar Ram, All R/o Village- Churiharwa Tola, Badka Chamarpatti, P.S.- Bairia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioners apprehend their arrest in Bairia P.S. Case No. 35/2017, registered for the offences punishable under Sections 323, 406, 420 and other sections of the Indian Penal Code.

The complainant filed complaint petition on the basis of which the present F.I.R.

was lodged.

The

Patna High Court Cr.Misc. No.34873 of 2017 (2) dt.11-08-2017 2/3 informant/complainant alleged that the land was standing in the name of his great grand-father Bujhawan Chamar and Thag Chamar. The informant got the land in his share on partition and he regularly used to pay rent to the government, but Jag Ram petitioner no. 1 executed sale deed in favour of Prabhu Ram petitioner no. 3, Rambabu Ram petitioner no. 4 and Shyambabu Ram petitioner no. 5 and Ramanand Ram petitioner no. 6 and Dhruv Ram petitioner no. 7 are the witnesses of the sale deed. It is further alleged that when the informant/complainant protested, Jag Ram petitioner no. 1 and Pahari Ram petitioner no. 2 abused and also assaulted the complainant.

Learned counsel for the petitioners submits that petitioner no. 1 Jag Ram is the descendent of Thag Chamar. He claimed to have got share in the land.

Considering the facts aforesaid and the fact that there is dispute with regard to ownership of the land and petitioner no. 1 claimed to be the owner of the land, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.34873 of 2017 (2) dt.11-08-2017 3/3 satisfaction of Additional Chief Judicial Magistrate VI, West Champaran at Bettiah in connection with Bairia P.S. Case No. 35/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T