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Patna High Court - Orders

Vinod Pandey & Ors vs State Of Bihar & Anr on 18 January, 2016

Author: Anjana Mishra

Bench: Anjana Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.49247 of 2015
                     Arising Out of PS.Case No. -210 Year- 2015 Thana -MEERGANJ District- GOPALGANJ
                 ======================================================
                 1. Vinod Pandey, Son of Late Yugal Kishore Pandey,
                 2. Ved Prakash Pandey, Son of Late Yugal Kishore Pandey,
                 3. Shila Devi, Daughter of Late Yugal Kishore Pandey,
                    All Resident of Village - Peuli, P.S. - Mirganj, District - Gopalganj

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar.
                 2. Jai Mati Devi @ Jayanti Devi, Daughter of Sudama Sah, Wife of Sam
                 Raj Sah, Resident of Village - Peuli, P.S. - Mirganj, District - Gopalganj.

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sanjay Kumar Pandey No-5, Advocate
                 For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.)
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
                 ORAL ORDER

3   18-01-2016

Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Mirganj P.S. Case No.210 of 2015 (G.R. No.2303 of 2015) for allegedly having committed the offences under Sections 341, 323, 354B, 379, 504/34 of the Indian Penal Code and Sections 3(i)(x)(xi) of the S.C. & S.T. (Prevention of Atrocities) Act.

Learned counsel for the petitioners submits that the present F.I.R. has been lodged by the informant only because there was a land dispute regarding some Basgit Parcha used Patna High Court Cr.Misc. No.49247 of 2015 (3) dt.18-01-2016 2/2 by the father of these petitioners. It is further submitted that the provisions of the S.C./S.T. Act have been brought in only to make the charge graver. He further submits that actually the occurrence if at all took place was at the doorstep of the informant and not in public view.

Considering the aforementioned facts and circumstances and the nature of dispute and also that the petitioners have having no criminal antecedents, let all the three petitioners, above named, 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Mirganj P.S. Case No.210 of 2015 (G.R. No.2303 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.



                                                (Anjana Mishra, J)
    PNM


U      T