Ramjanam Ray And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67944 of 2018 Arising Out of PS. Case No.-147 Year-2017 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. Ramjanam Ray, S/o Late Janak Rai,

2. Bigu Rai @ Bigu Kumar, S/o Ramjanam Rai, Both resident of Village- Dumarwana, Ward No.8, P.S.- Pakaridayal, DistrictEast Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 387, 379 and 427/34 of the Indian Penal Code. The prosecution case as per the written report of Ramji Prasad submitted to the Station House Officer of Pakaridayal Police Station is to the effect that on 24.09.2017 at 8.00 A.M. Ramjanam Rai, Vinish Rai @ Dinesh Rai, Bigu Rai and Ranjeet Rai were plying their, tractor loaded with sand through the land of the informant. On protest being made, petitioner no. 1, Ramjanam Rai demanded four lakhs rupees as extortion. It is alleged that petitioner no. 1, Ramjanam Rai tried

Patna High Court Cr.Misc. No.67944 of 2018(2) dt.14-12-2018 2/2 to throttle the neck of the informant and Ranjeet Rai snatched gold chain worth Rs.3,000/- from the informant It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled and even assuming the accusations to be true, no offence under Section 387 IPC is made out.

Learned APP submits that there is specific accusation against the petitioners.

Considering the genesis of the occurrence which has taken place for plying the tractor through the land of the informant, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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, East Champaran at Motihari in connection with Pakaridayal P.S. Case No. 147 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T