Binod Kewat And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18926 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Binod Kewat, S/o- Muneshwar Kewat

2. Muneshwar Kewat, S/o- Tekan Kewat

3. Rambha Devi, W/o- Binod Kewat

4. Maniya Mosomat, W/o- Late Ajab Lal Kewat, All are residents of Arihana, P.S.- Azamnagar, Distt- Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Azamnagar P.S. Case No. 43 of 2016, disclosing offences under Sections 323, 379, 380, 354A and 509 of the Indian Penal Code. It is alleged that the petitioners, all of them, belong to the same family, assaulted the informant, tore out her wearings and they took away a box containing cash of Rs. 50,000/- and ornaments.

Learned counsel for the petitioners has submitted that the allegations alleged in the First Information Report, are ex facie, absurd and improbable. It is submitted that there is land dispute between the parties and much before institution of the present Complaint Case on the basis of which, the First

Patna High Court Cr.Misc. No.18926 of 2016 (2) dt.10-05-2016 2/2 Information Report has been registered, petitioner No. 1 had lodged a Complaint Case vide C.A. No. 1902 of 2013 against the informant and others.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar in connection with Azamnagar P.S. Case No. 43 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T