Shashi Pandit @ Shashi Kishore Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31956 of 2019 Arising Out of Case No.-294 Year-2018 COMPLAINT CASE District- Araria ====================================================== 1.

SHASHI PANDIT @ SHASHI KISHORE PANDIT Son of Sahdeo Pandit Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria 2.

Sudhir Pandit @ Sudhir Kumar Pandit Son of Sahdeo Pandit Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria 3.

Vivek Pandit @ Vivek Kumar Pandit Son of Shashi Pandit Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria 4.

Gopal Pandit @ Gopal Kumar Pandit Son of Shashi Pandit Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria 5.

Ravi Pandit @ Ravi Kumar Pandit Son of Shashi Pandit Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sharmila Devi Resident of Village - Aurahi Purab, Ward No. 05, P.S.- Simraha (Forbesganj), District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2019 Heard both sides.

The petitioners apprehend their arrest in Complaint case No. 294-C/2018 registered under Section 348, 448, 354, 385, 120B of the IPC.

The complainant named the petitioners and alleged that they all entered into her house, dragged her outside the house and locked the house from outside.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.31956 of 2019(2) dt.14-05-2019 2/2 even the complainant disclosed in the complaint petition that the house stands in the name of Sahdeo Pandit, father of petitioner No.1. A proceeding u/s 107 of the Cr.P.C. was also initiated and the report was submitted that the land on which house is situated stands in the name of Sahdeo Pandit, father of petitioner No.1, but the complainant also claimed the land to be her own without any document.

Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that there appears land dispute and even the complainant admitted that the land on which the house is standing is recorded in the name of Sahdeo Pandit, father of petitioner No.1, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Araria in connection with Complaint case No. 294-C/2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T