Shyam Panjiyar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.9827 of 2016 (2) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9827 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Shyam Panjiyar S/o Murai Panjiyar,

2. Anil Panjiyar, S/o Mahabir Panjiyar, Both resident of village - Charaut, P.S. - Pupri, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pupri P.S. Case No. 03 of 2016 registered under Sections 147, 148, 149, 452, 341, 323, 324, 307, 379, 354 and 506 of the Indian Penal Code and Sections 3(i)(x) SC/ST Act. The accusation is that 11 persons named in the F.I.R. including the petitioner reached near the house of the informant armed with stick, iron rod, lathi and khanti and started to abuse and on the order of petitioner no.1, the house of the informant was damaged. At that time, petitioner no. 2 dashed to the informant, on which, she become naked and her blouse and saree was torned. When the family members of the informant came to save her then

Patna High Court Cr.Misc. No.9827 of 2016 (2) dt.20-04-2016 they were also assaulted by the accused persons. Learned counsel for the petitioners submits that, in fact, due to land dispute occurrence took place, regarding which, Pupari P.S. Case No. 5 of 2016 was instituted on the basis of written report of wife of co-accused Mahavir Pangiyar, which would appear from Annexure 2 to the application. It is further submitted that while the informant has claimed to sustained injury and she was examined on 03.01.2016, which would appear from Annexure 3 to the application, but no any visible injury was found on the person of the informant.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Pupari P.S. Case No. 03 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T