IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36033 of 2008 1. GOPAL MARANDI son of Sida Marandi 2. SUKAL MARANDI @ SHUKOL MARANDI son of Gopal Marandi 3. SUNIL MARANDI son of Gopal Marandi 4. SAHELI DEVI wife of Shukal Marandi alias Shukol Marandi All residents of village- Dhokoria, P.S.- Azamnagar, District- Katihar 5. CHURKA SOREN son of Deepa Soren resident of village- Chandpur, P.S.- Azamnagar, District- Katihar 6. DASMOI SOREN son of Mogai Soren, resident of village- Bhimyal, P.S.- Balrampur, District- Katihar. Versus STATE OF BIHAR ----------- 2 20.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under section 384 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the complainant has filed the case for ulterior purposes which gave rise to Azamnagar P.S. Case No. 98 of 2003 in which after investigation final form was submitted finding that the occurrence is not true. It is further submitted that notwithstanding the above the petitioner no.1 was given the settlement by the Circle Officer, Azamnagar in the year 1987 with respect to 85 decimals of land which was being encroached to the extent of 27 decimals by the informant, and as such, the proceeding under sections 144 & 145 of the Cr. P.C were taken up against them. It is further submitted that the informant violated the order passed in the above - 2 - proceedings and as such he was prosecuted under section 188 of the Indian Penal Code in which he was convicted, as stated in paragraph 10 of the petition. It is further contended that in order to harass the petitioner all the family members of the petitioner has also been made accused. It is further contended that after submission of the final form the learned Magistrate differed with the same and took cognizance of the offence against the petitioners. Learned Addl. P.P. appearing for the State opposes the prayer for bail on behalf of the petitioners. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, 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 Judicial Magistrate, Ist Class, Katihar, in connection with Complaint Case No. 768 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)