Shankar Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6299 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -TARAPUR District- MUNGER ======================================================

1. Shankar Chaudhary Son of Late Ramdas Chaudhary.

2. Bablu Chaudhary @ Abhishek Chaudhary. Both are resident of VillageDhauni, Police Station- Tarapur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 448, 323, 504 and 506 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.

The prosecution case is that the petitioners broke open the lock of the rented house of the informant and drove out the two students residing in the said house and when the informant protested, the accused persons abused him by calling caste name. It is submitted by learned counsel for the petitioners that the house in question is in possession of the petitioners since 2003 but the agnate of the petitioner Subodh Choudhary set up the informant as a tenant in the house in question. The title suit has

Patna High Court Cr.Misc. No.6299 of 2016 (2) dt.09-02-2016 2/2 been decided in favour of the petitioner against which title appeal has been preferred by Usha Devi, wife of Subodh Choudhary, the agnate of the petitioners. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the fact that the accusation has been levelled in the background of serious dispute with regard to house in question, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Munger in connection with Tarapur P.S. Case No. 112 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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