PADMA LOCHAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, the learned counsel for the State and the learned counsel for the opposite party no. 2.

(2.) THE petitioner is an accused in a case registered under Sections 467/468/471/120B and 506 of the I.P.C.

(3.) MR. R.S. Mazumdar the learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as stated in the complaint petition and the real fact behind the occurrence is that the complainant has falsely implicated the present petitioner in this case in order to grab the petitioners purchased land. That Title Suit being Title Suit No. 119 of 2009 in pending between the petitioner( who is defendant no.4 in the Suit) and plaintiffs are Chandi Prasad Mahto ( Grand son of original recorded tenant Budhu Mahto) and Smt. Nanda Mahatain (daughter of recorded tenant Bhusia Mahatain and grand daughter of recorded that Budhu Mahto) which is now pending in the court of Subordinate Judge Ist, Dhanbad (Annexure-3) and the complaint in the Complaint Case Shatrughan Prasad Singh who is registered power of attorney holder (dated 5.10.2007) from Chandi Prasad Mahto and Nanda Mahatain are the plaintiffs of Title Suit No. 119 of 2009 and from the above fact prima-facie it appears that it is a case of Civil dispute and as such the petitioner is entitled to get Anticipatory bail. MR. Mazumdar further submits that in revisional survey settlement, record of right published in the year 2007 in the name of the petitioner with respect of the lands of Khata No. 102 of Mouza Seraidhella No.8. Chandi Prasad Mahto (plaintiff of Title Suit No. 119 of 2009) filed an objection under Section 87 of C.N.T. Act before the settlement Officer, Dhanbad vide case No. 2760 of 2007 and that was dismissed after full consideration by the order dated 22.9.2009 by Revenue Officer, Dhanbad (Annexure-5). The learned counsel submits that in view of the facts and circumstances stated above the petitioner is entitled to get the privilege of Anticipatory bail.