Prakash Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55905 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Prakash Poddar, Son of Sukhdev Poddar Resident of Hawai Adda, Ward No. 31, Police Station- Kishanganj, District- Kishanganj. 2.

Chandan Poddar Son of Prakash Poddar Resident of Hawai Adda, Ward No. 31, Police Station- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kishanganj P.S. Case no. 225 of 2019, registered under Section 341, 323, 385, 354 and 379/34 of the Indian Penal Code.

The accusation is that on 06.05.2019 at about 10.00 A.M., four persons named in the F.I.R. including the petitioners came at the house of informant and started demolishing the boundary and wall of the house, when informant and her daughter made protest then petitioners and others laid the informant and her daughter on the ground by catching their hair. At that time, clothes of informant were torn by the accused. The accused persons had given threatening the informant before one year either to give Rs. Five lakhs or leave

Patna High Court CR. MISC. No.55905 of 2019(2) dt.03-09-2019 2/2 the land otherwise they will kill them. At the time of occurrence, Prakash Poddar was pressing the neck of informant and Aseshwar was pressing the neck of daughter of informant. Learned counsel for the petitioners submits that the occurrence took place on 06.05.2019, due to land dispute, but the informant lodged the present case on 13.05.2019 after one week of alleged occurrence with false allegation only to put undue pressure upon the petitioners. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 225 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T