DINESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel for the State.

(2.) No body appeared on behalf of the opposite party.

(3.) The facts giving rise to these two applications are that Late Dr. Awani Kumar Mukherjee, the grand-father of the complainant Kalyan Kumar Mukherjee had taken land bearing plot No. 187, Khata No. 24, situated in Mauza Pandedih over which he constructed a building consisting of six rooms along with dining space, latrine, bathroom etc., In the said building Late Dr. Awani Kumar Mukherjee used to run his clinic. For his assistance he appointed the petitioner-Dinesh Prasad as his compounder. In course of time Dr. Awani Kumar Mukherjee died leaving behind his three sons, namely. Amiya Kumar Mukherjee, Ashit Kumar Mukherjee, and Ashok Kumar Mukherjee and his widow Smt. Sabita Mukherjee as his heirs and, legal representatives. At the time of death of Dr. Awani Kumar Mukherjee, his elder son Amiya Mukherjee was residing in the said house, but after the death of his father he shifted to the quarter allotted to him along with his wife Smt. Maya Mukherjee (complainant) in Complaint Case No. 567 of 1994. The other two sons of Dr. Awani Kumar Mukherjee also left home, when they got employment. While leaving the house Amiya Kumar Mukherjee allowed the petitioner to stay with his family in two rooms to look after the house so that the valuables such as furnitures etc., kept under lock and key in other three rooms be protected from theft.