Patna High CourtCR. MISC./1243/2017allowed

Umakant Prasad Yadav v. The State Of Bihar

2017-02-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1243 of 2017 Arising Out of PS.Case No. -307 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Umakant Prasad Yadav son of Ramjee Rai resident of village - Dulma, P.S. - Madhuban, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 307 of 2015 registered under Sections147,148,403,406,420,467,468,469,323,504 of the Indian Penal Code.

Petitioner and others are alleged to have entered into the house of the renter of the informant and thrown out his house hold articles by saying that this house was sold to them by the father of the informant. On query by the informant, petitioner presented a document, which was later found to be forged one.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.1243 of 2017 (3) dt.13-02-2017 2/2 the dispute between the parties is civil in nature. Informant and his brother-in-law are causing hurdle and disturbance in the possession of the petitioner, for which petitioner filed Title Suit No. 1085 of 2015 wherein right, title and possession was declared.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 307 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T