Chhutahru Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.596 of 2020 Arising Out of PS. Case No.-149 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== CHHUTAHRU THAKUR Son of Late Bechchan Thakur @ Bachchan Thakur Resident of Village-Dakshin Maheshwari, P.S.-Jogbani, District-Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Meera Thakur @ Mira Devi Daughter of Late Bachchan Thakur, Wife of Late Shakaldeo Thakur Resident of Village-Garbanaili, Police StationKasba, District-Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Complaint Case No. 149 C of 2018, registered for the offence punishable under Sections 420, 468 and 471 of the Indian Penal Code.

The allegation in the complaint is regarding the accused persons including the petitioner herein having received compensation money with regard to the land of the father of the complainant having been acquired by the Government, however, the complainant, who happens to be the sister of the petitioner and other accused persons, was not paid any amount of

Patna High Court CR. MISC. No.596 of 2020(2) dt.16-01-2020 2/3 compensation by the brothers. It is further alleged that after a panchayti was held, the accused persons had undertaken to give a sum of Rs. 1.5 lakhs to the complainant and her sister from the compensation amount, however, subsequently, they denied to do so.

The learned counsel for the petitioner, at the outset, has referred to paragraph no. 13 of the present petition and has submitted that the compensation money has been withdrawn by the brother of the petitioner, namely, Kusheshwar Thakur and the petitioner has got no knowledge of withdrawal of the said money. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 29.8.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, as also relying upon the statements made in the present petition to the effect that the petitioner has not received any compensation amount from the Government and on the contrary, his elder brother has received the compensation amount, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be

Patna High Court CR. MISC. No.596 of 2020(2) dt.16-01-2020 3/3 enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Araria in connection with Complaint Case No. 149 C of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T