Indradeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71779 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- ITARHI District- Buxar ====================================================== 1.

Indradeo Singh, Son of Late Guput Nath Singh Resident of Village - Makunddera (Parasi), P.S.- Itarhi, Distt.- Buxar. 2.

Fulchand Singh Son of Late Ramchandra Singh Resident of Village - Kanak Narayanpur (Chousa), P.S.- Buxar (M), Distt.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 379 and 506/34 of the IPC.

The prosecution case is that on 18.08.2018, the tractor of the informant was stolen when it was alleged that the theft of the said tractor has been committed at the behest of the petitioners. It is submitted by learned counsel for the petitioners that the daughter of petitioner no.1 is married with the son of the informant, but subsequently, matrimonial harmony between them got disturbed, as a result, the daughter of petitioner no.1

Patna High Court CR. MISC. No.71779 of 2019(2) dt.27-11-2019 2/3 filed Complaint Case No. 902(C) of 2012 for the offences punishable under Sections 498A and 323 of the IPC and Complaint Case No. 49(c) of 2018 for the offences punishable under the provisions of Protection of Women from Domestic Violence Act, against the informant and his family members and in retaliation to those cases, the present case has been lodged. It is further submitted that petitioner no.2 is the son of informant's sister and he has been made accused in the present case since he wanted to get the dispute between the parties settled and he always used to take side of the son of the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the nature of accusation being levelled in the background of matrimonial dispute, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount

Patna High Court CR. MISC. No.71779 of 2019(2) dt.27-11-2019 3/3 each to the satisfaction of learned ACJM-II, Buxar in connection with Itarhi P.S. Case No. 228 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T