Dipu Kumar @ Dipu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55690 of 2019 Arising Out of PS. Case No.-474 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.

DIPU KUMAR @ DIPU SINGH Son of Sri Narmdeshwar Sharma @ Lullan Singh Resident of Village- Ajman, P.S.- Naubatpur, District- Patna. 2.

Pappu Singh @ Pappu Kumar Son of Sri Narmdeshwar Sharma @ Lullan Singh Resident of Village- Ajman, P.S.- Naubatpur, District- Patna. 3.

Ripu Singh @ Manish Kumar Son of Sri Narmdeshwar Sharma @ Lullan Singh Resident of Village- Ajman, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-09-2019 This application, for grant of anticipatory bail, arises out of Naubatpur P.S. Case No. 474 of 2018, disclosing offences under Sections 341, 387, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that the informant after death of her father came in possession of his entire property as a legal heir and her cousin brother and gotiya were not liking this and in order to disturb her they created falls deeds and asked to stop the cultivation of land and there is also allegation against the petitioners of demanding rangdari and threatening the informant. Submission of learned counsel for the petitioners is that there is land dispute between the parties and they have falsely been made accused in this case and in support of his submission, he has

Patna High Court CR. MISC. No.55690 of 2019(3) dt.23-09-2019 2/2 also filed several documents, which is annexure -1 and 2. Heard learned A.P.P. also as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail and submitted that in this case process under Section 82 has already been initiated and a report was called by this Court, from which, it appears that the police after execution of same returned the same. Heard learned APP as well as informant and perused the report, from which, it appears that the process under Section 82 Cr.P.C. has already been complied and the report has been submitted after compliance of the proclamation.

No doubt, it appears that petitioner has not been declared proclaimed absconder, as such, this application is disposed of with direction to the petitioner to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same considering the above submission of petitioners that there is genuine land dispute between the parties as well as other materials available on record, if possible on same day, without being prejudiced by this order.

(Vinod Kumar Sinha, J) sunilkumar/- U T