Nathun Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55486 of 2015 Arising Out of PS.Case No. -349 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Nathun Choudhary Son of late Gongal pasi Resident of MohallaNayatola, Jehanabad town, Police station & District Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikas Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 420, 467, 468, 469, 471, 384, 385, 307, 120B, 504, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(iv)(x) of the SC & ST (Prevention of Atrocities) Act. The prosecution case is that the petitioner being agnate of the informant sold his share of property and thereafter he sold two katha land of khata No. 162, plot No. 16 of the informant to co-accused Ramesh Sharma who collected Rs. 50,000/- as extortion to the informant.
It is submitted by learned counsel for the petitioner that petitioner is agnate of the informant. Hence, there is no application of the provision of SC/ST Act against the petitioner. The petitioner has sold his share of land and title suit is pending between the parties.
Patna High Court Cr.Misc. No.55486 of 2015 (2) dt.08-12-2015 2/2 Considering the nature of accusation in the background of share dispute, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 349 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