Shambhu Dahlan @ Shambhu Kr. Dahlan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22372 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -SC/ST District- SAHARSA ======================================================
1. Shambhu Dahlan @ Shambhu Kr. Dahlan Son of Late Kedar Dahlan resident of Mohalla - Dahlan Chauk, P.S. and District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,504,506,384 and 120B of the Indian Penal Code and sections 3(1)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It is alleged by the informant being a Civil Court employee was constructing her house. On 17.11.2014 one Sanjeev Kumar came and tried to snap photograph of the informant which was objected. On
Patna High Court Cr.Misc. No.22372 of 2015 (2) dt.06-07-2015 2/3 24.11.2014 the accused persons came and obstructed the construction of the informant's house by scattering construction materials. Co accused Sanjeev Kumar, Advocate and the petitioner abused the informant by calling the caste name. It is also alleged that the accused persons also threatened for not giving extortion money. It is submitted by the learned counsel for the petitioner that the sale deed of the alleged land was executed by the brothers of the petitioner in favour of the informant and in that background 144 Cr.P.C. proceeding was initiated. Partition Suit No. 252 of 2014 was also filed by the petitioner against his brothers whereas co accused Sanjeev Kumar has been granted anticipatory bail vide Cr. Misc. No. 9369 of 2015.
Considering the fact that the accusation has been levelled in the background of serious land dispute, let the above named petitioner 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) with
Patna High Court Cr.Misc. No.22372 of 2015 (2) dt.06-07-2015 3/3 two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa SC/ST P.S. Case No. 43 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T