Shio Murat Sharma @ Shiv Murat Hazam And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38237 of 2015 Arising Out of PS.Case No. -361 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Shio Murat Sharma @ Shiv Murat Hazam

2. Deo Murat Sharma

3. Ram Murat Sharma, all sons of Megha Sharma

4. Arun Sharma

5. Ranjan Sharma, both son of Shio Murat Sharma,

6. Mina Devi @ Meena Devi wife of Shio Murat Sharma, all resident of village Pokhara, P.S. Bhabua (Sonhan) District Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,448 and 379 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The accusation is that the accused persons entered into the house of the informant, abused by calling caste name, threw the house hold articles and asked to vacate the house. It is submitted by the learned counsel for the petitioners that the land in question has been settled in favour of petitioner

Patna High Court Cr.Misc. No.38237 of 2015 (2) dt.23-09-2015 2/2 no. 6 which the informant had forcibly encroached. Petitioner no. 1 lodged a Sanaha against the informant on 16.6.2015, thereafter the present case has been lodged on 5.7.2015. Admittedly, the occurrence took place inside the house which cannot be treated to be a place of public view. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the accusation levelled in the background of dispute with regard to title of the land in question and the occurrence having taken place inside the house of the informant, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No.361 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T