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Patna High CourtCR. MISC./55372/2016bail granted

Atul Kumar Singh And ORS v. The State Of Bihar

2016-12-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55372 of 2016 Arising Out of PS.Case No. -503 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Atul Kumar Singh,

2. Ajit Kumar Singh,

3. Amit Kumar Bhardwaj, All are sons of late Prabhunath Singh, Resident of Village-Marhaura Khurd, Ward No. 14, P.S. Marhaura, District-Saran at Chapra.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Marhaura P.S. Case no. 503 of 2016, registered under Sections 384, 420, 353, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that on 27.08.2016, petitioners reached at the Anganbari Centre of informant Dipika Singh and made demand of documents in the light of letter No. 217, dated 24.08.2016 on which she replied that information has already been given on 26.08.2016 that the document was handed over to petitioner No.3 as he was an Advocate in the complaint case then petitioner No.3 told that he will not return the said documents. In spite of obstruction made by informant, all the three petitioners abused her and took the documents forcibly in between 10.07.2016 to 27.08.2016 giving threatening that if

Patna High Court Cr.Misc. No.55372 of 2016 (2) dt.23-12-2016 2/2 she wants to run the Anganbari Centre then she will have to give Rs. 2000/- per month as ransom.

Learned counsel for the petitioners submits that, in fact, there is land dispute in between the petitioners and Ravi Shankar Singh, father-in-law of the informant and a proceeding under Section 144 Cr.P.C. was also initiated on the basis of the petition filed by Ravi Shankar Singh, father-in-law of the informant. Thereafter, father-inlaw of the informant filed Case No. 04 of 2015-16 before the Deputy Collector, Land Reform, Marhaura for demarcation of the land as such due to land dispute the present case has been lodged with false allegation against the petitioners. Further submission is that while petitioners are accused in four other cases, but out of which, three cases have been lodged either by the informant or her family members.

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) each with two sureties of the like amount each to the satisfaction of the ACJM-IInd, Saran at Chapra in connection with Marhaura P.S. Case No.503 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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