Dilhasan Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57701 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== Dilhasan Gaddi Son of Late Jangi Gaddi Resident of Village-Khap tola, P.SGopalpur, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 87 of 2019, registered under Sections 341, 323, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner, as per FIR, is that the petitioner along with others have forcibly captured gairmajaruwa land belonging to the informant and also threatened her that they will also grab her another land. It has further been alleged that on 09.06.2019, one tree had fallen due to the wind in the courtyard of the informant, on which she asked the petitioner and others to get it removed, upon which the petitioner and other accused persons assaulted the informant with fist and slaps, the petitioner also tried to outrage the

Patna High Court CR. MISC. No.57701 of 2019(2) dt.13-09-2019 2/2 modesty of the informant.

Learned counsel for the petitioner submits that both the parties are agnate and co-sharers and the informant is wrongly claiming the gairmajaruwa land. He further submits that petitioner has falsely been implicated on the basis of concocted story due to land dispute between the parties. After having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnate and co-sharers and there appears to be land dispute between them, I am inclined to grant anticipatory bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 87 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T