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Patna High CourtCR. MISC./63423/2018bail granted

Ram Kumar Rai @ Ram Kumar And ANR v. The State Of Bihar

2018-12-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63423 of 2018 Arising Out of PS. Case No.-126 Year-2014 Thana- MATIHANI District- Begusarai ======================================================

1. Ram Kumar Rai @ Ram Kumar

2. Raj Kumar Raj @ Raj Kumar Both are sons of late Kedar Ray Resident of Village-Rachiahi Purana Tola, Police Station Matihani, Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Matihani P.S. Case No. 126 of 2014 dated 09.09.2014 instituted for the offences under Sections 447, 384, 385, 504 and 34 of the Indian Penal Code.

The informant who happens to be related to the petitioners has alleged that even when he had purchased a plot of land for consideration from his mother-in-law, the petitioners prevented him from ploughing the field without paying Rangdari Tax.

Learned counsel appearing for the petitioners has submitted that in fact the maternal grand-father of

Patna High Court Cr.Misc. No.63423 of 2018(2) dt.11-12-2018 2/2 the petitioners had two wives and the petitioners are from the line of second wife of the maternal grandfather. The land which the informant claims to have purchased from his mother-in-law is the same plot of land which has been sold in favour of mother of the petitioners by their grand mother by a registered sale deed. Thus, it has been argued that there are competing claims over the same plot of land and the petitioners have been falsely implicated in this case.

Regard being had to the aforesaid facts as also taking into account the clean antecedent of the petitioners, they are directed to be released on bail, 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, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Matihani P.S. Case No. 126 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T