Dhirendra Prasad Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63960 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- SHASTRINAGAR District- Patna ======================================================

1. Dhirendra Prasad Singh, Son of Late Mahendra Prasad Singh,

2. Indrani Devi, Wife of Sh. Dhirendra Prasad Singh,

3. Divyanshu Kumar, Son of Sh. Dhirendra Prasad Singh,

4. Abhishek Anand, Son of Sh. Dhirendra Prasad Singh, All resident of House of Mr. Arvind Kumar, East Patel Nagar, Road No.4, Police Station- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Shastri Nagar P.S. Case No. 278 of 2018 dated 06.05.2018 instituted for the offences under Sections 385, 354B, 504 & 506 and 34 of the Indian Penal Code.

The petitioners are the tenants in the house of the informant and are alleged to have refused to vacate the house on demand and also misbehaved with the female

Patna High Court Cr.Misc. No.63960 of 2018(2) dt.13-12-2018 2/3 relatives / associates of the informant.

Learned advocate appearing for the petitioners on the other hand has submitted that the tenancy is admitted. When the informant asked the petitioners to vacate the premises, the petitioners only asked for accommodation for few weeks for them to make alternative arrangements. However, instead of waiting for few weeks, the informant and his associates used force and misbehaved with the female members of his house. This led to lodging of a case by the petitioners before the Shastri Nagar Police Sation vide Shastri Nagar P.S. Case No. 277 of 2018.

The present case has been lodged only thereafter. Considering the background of the tenancy dispute between the parties and that the petitioners do not have any criminal antecedents, the petitioners above-named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.63960 of 2018(2) dt.13-12-2018 3/3 amount each to the satisfaction of the learned Sub-JudgeIV-cum-Additional Chief Judicial Magistrate, Patna in connection with Shastri Nagar P. S. Case No. 278 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U