Vijay Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54601 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- HULASGANJ District- Jehanabad ======================================================
1. Vijay Sharma, S/o Late Yamuna Sharma,
2. Shambhu Sharma S/o Vijay Sharma Both R/o Vill.- Bishunpur, P.S.- Hulasganj, Distt.- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No-1 For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners. No one appears for the State.
Petitioners in the present case are seeking anticipatory bail in connection with Hulasganj P.S. Case No. 122 of 2018 for the offences punishable under Sections 341, 323, 354, 420/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that from bare perusal of the written complaint it would appear that the case in question has arisen out of land dispute. The informant is trying to construct a residential house on the land which belong to the petitioners. It is submitted that vide Annexure-2 the petitioner no. 1 has lodged Hulasganj P.S. Case No. 121 of 2018 on 25.06.2018. It is only after lodging of said case the present
Patna High Court Cr.Misc. No.54601 of 2018(2) dt.08-10-2018 2/2 case has been lodged by the informant alleging that these petitioners had assaulted her and had indulged in eve-teasing. It is submitted that these are concocted story because of the dispute over a piece of land.
Considering the facts and circumstances of the case where there is a counter case lodged by petitioner no. 1 which is Hulasganj P.S. Case No. 121 of 2018 and even the allegations in the present FIR indicates towards the land dispute between the parties, the petitioners in case of their arrest or surrender in connection with Hulasganj P.S. Case No. 122 of 2018 within a period of four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajeev Ranjan Prasad, J) avin/Ved/- U T