Sudama Thakur vs The State Of Jharkhand & Anr
2023 Latest Caselaw 3604 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 11214 of 2022
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1. Sudama Thakur

2. Shakuntala Devi @ Sakunawa Devi

3. Pawan Kalindi @ Pawan Chandra Kalindi ... Petitioners Versus The State of Jharkhand & Anr. ... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Shekhar Pd. Sinha, Advocate For the State : Mr. Achinto Sen, Addl. P.P. For the O.P. No.2 : Mr. Rakesh Kr. Sinha, Advocate

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Order No.05 Dated- 21.09.2023

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.1575 of 2019 registered under sections 453/ 461/504/506/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners being the tenant of the complainant are forcibly occupying the landed property of the complainant. It is further submitted that the allegations against the petitioners are all false and the complainant is not the owner of the land rather BCCL is the owner of the land vide the judgment dated 21.01.2016 in Title Suit No. 125 of 2002 of the court of Civil Judge (Junior Division) -I, Dhanbad. It is then submitted that the dispute between the parties is at best a civil dispute. It is next submitted that the petitioners undertake to cooperate with the trial of the case and also undertake that they will not annoy or disturb the complainant in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Dhanbad, in connection with Complaint Case No.1575 of 2019 with the condition that the petitioners will cooperate with the trial of the case with further condition that they will not annoy or disturb the complainant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-