Indradeo Mahto And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.41598 of 2015 (2) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41598 of 2015 Arising Out of PS.Case No. -559 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Indradeo Mahto, S/o Late Bharat Muni Mahto,

2. Shiv Charan Mahto @ Ram Badan Mahto, S/o Late Bharat Muni Mahto,

3. Nirmal Mahto, S/o Late Bharat Muni Mahto,

4. Gulab Mahto, S/o Late Bharat Muni Mahto, All are residents of village- Ghorabari, Ward No.31, P.S. Katihar Nagar, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Fulan Choudhary, S/o Late Saryug Choudhary, resident of Vill- Naya Tola, Daheriya, P.S.- Town Katihar, Dist- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Indradeo Mahto, Shiv Charan Mahto, Nirmal Mahto and Gulab Mahto who apprehend their arrest in Complaint Case No.559 of 2014 under Sections 323, 384, 379 and 149 of the Indian Penal Code.

The complainant's case is that the petitioners on the point of pistol demanded Rangdari of Rs.50,000/- and snatched Rs.10,000/- from his pocket and intimidated that if he will not give the rest amount, he will not be allowed to go on the disputed land.

Patna High Court Cr.Misc. No.41598 of 2015 (2) dt.08-10-2015 The learned counsel for the petitioners submitted that in fact, there is dispute between the parties with regard to the land. The case was filed by the complainant before the Land Dispute Forum and the DCLR directed the complainant to file regular suit since the dispute between them is civil dispute. In view of the above facts, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioners on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Complaint Case No.559 of 2014. (Mungeshwar Sahoo, J) Saurabh/- U T