Baliram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26249 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ ======================================================
1. Baliram Singh,
2. Jairam Singh,
3. Krishna Kumar Singh, All Sons of Late Gorakh Singh, All three Resident of Village- Trilokpur, P.S.- Uchkagaon, District- Gopalganj, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Adv. For the Opposite Party/s : Mr. Upendra Kumar, APP Mr. Ranjeet Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.
The petitioners apprehend their arrest in Uchakagaon P.S. Case No. 49/2017, registered for the offences punishable under Sections 354B, 380 and other sections of the Indian Penal Code.
The informant alleged that some dispute arose due to construction of house. The petitioners started constructing house on the land situated in front of house of the informant. On such, the informant requested the petitioner to leave the same place for ingress and egress. It is alleged that the petitioners entered into her house and Baliram Singh petitioner no. 1 pushed her and thereafter
Patna High Court Cr.Misc. No.26249 of 2017 (3) dt.13-07-2017 2/3 torn her clothes.
Learned counsel for the petitioners submits that no such occurrence took place. On account of land dispute the present case was lodged. The occurrence is said to have took place on 30.03.2017, but the F.I.R. was lodged on 02.04.2017. There is no satisfactory explanation for such delay.
On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that there is specific allegation against Baliram Singh petitioner no. 1.
It appears from perusal of the F.I.R. itself that there is dispute for passage. The occurrence is said to have taken place on 30.03.2017, but the informant lodged the case on 02.04.2017 i.e., after two days of the occurrence.
Considering the facts aforesaid and the fact that on account of land dispute this occurrence appears to have been taken place, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IX, Gopalganj
Patna High Court Cr.Misc. No.26249 of 2017 (3) dt.13-07-2017 3/3 in connection with Uchakagaon P.S. Case No. 49/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T