Rakesh Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11853 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Rakesh Choudhary Son of Late Ram Karan Choudhary

2. Ravi Choudhary Son of Late Ram Karan Choudhary Both R/o Village Kanhauli Mohan Sahani Tola (Harku Choudhary Tola), P.S. Mithanpura, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Imteyaz Ahmad, Advocate For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-03-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 144, 452, 427, 379, 380 and 506 of the Indian Penal Code.

It is alleged by the informant that she got information from one Hardeo Chaudhary that the petitioners along with 15-20 unknown persons demolished her house, robbed some articles and threatened to vacate the premises.

It is submitted by learned counsel for the petitioners that the premises, in question, has been decreed in favour of the petitioners vide Title Suit No.369 of 2007 and in that background, the accusation has been levelled against the petitioners.

It is submitted by learned counsel for the informant that an Appeal has been filed against the decree passed in the aforesaid title suit

Patna High Court Cr.Misc. No.11853 of 2015 (2) dt.24-03-2015 2/2 and there is specific accusation of demolishing the house of the informant and taking away the articles.

Considering the fact that there is dispute between the parties with regard to title of the premises and a statement has been made in para 3 of the petition that the petitioners have no criminal antecedent, 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 Sub-Divisional Judicial Magistrate, (East), Muzaffarpur in connection with Mithanpura P.S. Case No.18 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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