The Patna High Court granted anticipatory bail to three petitioners facing charges of criminal intimidation, assault, rape, robbery, and theft arising from a land dispute in West Champaran.
Grant of anticipatory bail subject to a bail bond of Rs. 10,000 each with two sureties and compliance with lockdown/social distancing guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16348 of 2020
Arising Out of PS. Case No.-32 Year-2019 Thana- CHANPATIA District- West Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 05-10-2020
Heard Mr. Sunil Kumar Pandey, learned counsel for
the petitioners and Mr. Md. Sufyan, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioners apprehend arrest in connection with Chanpatiya P.S. Case No. 32 of 2019 registered for the offence punishable under Section 341, 323, 354, 379 & 447 of the I.P.C.
The allegation against the petitioners as per the First Information Report is that the informant had purchased 1 Katha of land from her husband but on measurement it was found that some portion of the land was encroached by the side of the petitioners.
Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and both the parties are co-sharers. Learned counsel further submits that no serious injury has been found on the
Patna High Court CR. MISC. No.16348 of 2020(2) dt.05-10-2020 2/2
person of the informant and the petitioners have been implicated in this case due to land dispute.
Having heard learned counsel for the parties and taking into consideration the materials available on record, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah West, Champaran / court concerned in connection with Chanpatiya P.S. Case No. 32 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in the offence of criminal intimidation, assault, unlawful intercourse, robbery and theft.
Whether the petitioners should be released on bail under Section 438(2) of the Code of Criminal Procedure subject to specific conditions.
1 provisions across 1 enactments
SAMIULLAH MIYA
SARFAROJ MIYA
TAIRA KHATOON
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
