Anil Chaubey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6952 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -SC/ST PS District- GOPALGANJ ======================================================
1. Anil Chaubey Son of late Dhanpujan Chaubey
2. Shiv Shnaker Chaubey son of Radharam Chaubey
3. Binod Chaubey Son of late Dhanpujan Chaubey
4. Most. Malti Devi W/o late Dhanpujan Chaubey All are Resident of Village -Shyampur Choubey Tola, P.s Kuchaikote, District Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Ranjan For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 120B, 323, 341, 420, 406, 504 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. The prosecution case is that the informant purchased 1 Katha 8 dhurs of land from petitioner No. 4 Most. Malti Devi for a consideration amount of Rs. 50,000/- but in order to avoid the court fee, the consideration amount was mentioned as Rs. 30,000/-. It is alleged that on 25.05.2015, petitioner No. 1 Anil Chaubey came and asked the informant to retransfer the land on purchase being made and on denial, the informant was abused by calling caste name and assaulted. It is submitted by learned counsel for the petitioners that for the sale deed executed in the year 2006 the
Patna High Court Cr.Misc. No.6952 of 2016 (2) dt.16-02-2016 2/2 issue has been raised in 2015 and for the occurrence of 25.05.2015 the F.I.R was registered on 18.08.2015, though complaint was filed on 08.06.2015.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the nature of accusation in the background of land dispute between the parties and the delayed lodging of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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, Gopalganj in connection with SC/ST P.S. Case No. 41 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T