Umesh Prasad And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53212 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================
1. Umesh Prasad
2. Anil Kumar Sinha @ Anil Verma, Both sons of late Ambika Bhagat
3. Neetu Devi @ Geeta wife of Ritesh Ranjan All resident of Mohalla-Amghatta Road, Dumra, ward no. 2 P.S. Dumra, District-Sitamarhi Permanent address resident of Gram-Koili, P.S.-Nanpur, District-Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sukumar Thakur son of late Chitranjan Thakur resident of MohallaManik Chowk, Kamaldah Tola, P.S.-Runnisyedpur, District-Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Dumra P.S. Case No. 85 of 2017 instituted for the offences punishable under Sections 323, 406, 420 and 504 of the Indian Penal Code.
The present police case has been registered on the basis of complaint petition filed before the learned C.J.M. Sitamarhi. The copy of the complaint petition was sent to Police Station under Section 156 (iii) of the Cr.P.C for institution and investigation.
It has been alleged that co-accused Ritesh Ranjan, who is the son of the petitioner No. 1 executed a deed of agreement in favour of the informant/complainant agreeing therein to execute the sale deed with respect to two decimal land of plot No. 2619 for a total consideration of Rs. Seven lacs. Out of seven lacs, he received one lac as earnest money. It has further been alleged that when the complainant/informant visited at the place of Ritesh Ranjan for requesting him to execute the sale deed or return the money, these petitioners, who are the family members of the said Ritesh Ranjan, abused and assaulted him. The learned counsel for the petitioners submits that the allegation of assault is omnibus against the petitioners. There is bona fide land dispute between the parties on the basis of agreement, which was allegedly executed by the son of the petitioner No. 1. The other petitioners are the family members of the said Ritesh Ranjan.
The learned A.P.P. for the State, on the other hand, opposed the submission.
Considering the nature of allegation, facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within six 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, Sitamarhi, in connection with Dumra P.S. Case No. 85 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) ajay gupta/- U T