Ramesh Yadav And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5365 of 2017 Arising Out of Case No. -3103 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Ramesh Yadav
2. Rajesh Yadav Both sons of Hardeo Yadav, resident of village- Mahipur, P.S.- Bagaha, District- West Chaparan.
.... .... Petitioner/s
Versus
1. State of Bihar
2. Akhileshwar Kumar Singh, son of Ramadhar Singh, resident of villageRatanpura, P.S.- Gopalpur, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate. For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in Trial No. 729 of 2016 arising out of Complaint Case No. 3103 of 2014 instituted under Section 386/34 of the Indian Penal Code. The allegation, in brief, is that in the evening accused persons came to the complainant and snatched away Rs. 50,000/- from his pocket.
Learned counsel for the petitioners submits that due to land dispute, this false case has been filed. The alleged allegation took place on 15.11.2014 and the present complaint case was filed belatedly after three days of the occurrence i.e., on
Patna High Court Cr.Misc. No.5365 of 2017 (2) dt.06-02-2017 2/2 18.11.2014 due to same land disputes, there were three cases filed against the petitioners and in those cases, they are on bail. Considering the facts and circumstances of the case and the unreasonable delay in lodging of the complaint as well as the land disputes between parties, the petitioners, namely, Ramesh Yadav and Rajesh Yadav, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Harshbardhan, Judicial Magistrate, 1st Class, Gopalganj in connection with Tr. No. 729 of 2016 arising out Complaint Case No. 3103 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U