Deo Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51148 of 2019 Arising Out of PS. Case No.-483 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

DEO KUMAR PAL Son of Late Banarsi Pal Resident of VillageHariharpur, P.S.- Sahpur, District- Bhojpur. 2.

Jitendra pal Son of Deo Kumar Pal Resident of Village- Hariharpur, P.S.- Sahpur, District- Bhojpur.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Suresh Pal S/o Late Jhunilal Pal Resident of Vill-Hariharpur, P.S-Shahpur, Dist.-Bhojpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 483(C) of 2019 for the offence punishable under Sections 323, 465 and 467 of the Indian Penal Code. There is allegation against the petitioners that they have forcibly and fraudulently occupied the complainant's residential house, which was given to them by the complainant for living.

Learned counsel appearing on behalf of the petitioners, on the other hand, has submitted that the property in question has been purchased by them from the complainant's

Patna High Court CR. MISC. No.51148 of 2019(2) dt.17-08-2019 2/2 father. He has submitted that in any event, a civil dispute has been given colour of criminal case.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara, in Complaint Case No. 483(C) of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T