Bindeshwari Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13259 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -NAUHATTA District- SAHARSA ======================================================
1. Bindeshwari Sharma, Son of Late Baleshwar Sharma,
2. Navi Alam @ Navi Alam Khan, Son of Late Ahmad, Both are resident of Village- Mohanpur, Police Station- Nauhatta, DistrictSaharsa. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Nauhatta P.S. Case No. 177 of 2016 instituted for the offences punishable under Sections 341, 323, 384, 447, 504, 506/34 of the Indian Penal Code.
The informant in his written report has alleged that on the date of occurrence, both the petitioners came at his Darwaja and demanded Rs. 50,000/- from the informant as Rangdari. They assaulted him and took an amount of Rs. 3000/- which was kept at his table.
Learned counsel for the petitioners submits that the petitioner no. 2 is the Sarpanch of the Gram Panchayat and the
Patna High Court Cr.Misc. No.13259 of 2017 (2) dt.29-03-2017 2/2 wife of the petitioner no. 1 had contested the election of Mukhiya against the wife of the younger brother of the present informant in which the wife of the petitioner no. 1 lost. Learned counsel for the petitioners further submits that the petitioners have falsely been implicated in the present case due to village politics and enmity which cropped during Panchayat election. The learned APP, on the other hand, opposed the submission.
Considering the fact that both parties are resident of same locality, facts and circumstances, the anticipatory bail prayer of both the petitioners is allowed. The petitioners, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No. 177 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) ajaypd./- U T