SACHCHIDA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel appearing for the petitioners and counsel appearing for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 323/380/34 of the Indian Penal Code. Counsel appearing for the petitioners has submitted that there is a land dispute between the parties and for which a title suit i.e. T.S. No. 39 of 1998 was filed by the father of the complainant namely Baleshwar Prasad which was ultimately dismissed for default. Thereafter, the complainant has sold the said land. It is further stated in the complaint petition that the accusedpetitioners came to his house and offered them to compromise the matter. On this offer, the complainant agreed and welcome the parties and permit them to stay in his house for the said night. On the next date, the complainant and other family members went to their work, thereafter, all the accused persons left the house of the complainant after taking valuable jeweleries and other valuable articles. Thereafter, when the complainant and his family members went to the house of the accusedpetitioners at Jamui, they threatened them and also assaulted them. On these very allegations, the instant case has been filed i.e. Complaint Case No. 839 of 2010. It is submitted on behalf of the petitioner that the entire facts of the complainant alleged in the complaint petition is absolutely improbable and unbelievable.

(2.) COUNSEL appearing for the complainant has submitted that another complaint case is going on between the parties and title suit was also filed by the father of the complainant against the present accused persons. Considering the submissions made by the parties it is clear that a number of litigations are going on between the parties, considering all these aspects, I direct the petitioners namely Sachchida Prasad, Sushila Devi, Manoj Kumar Sinha @ Manoj Kumar, Praveen Kumar Sinha @ Praveen Kumar, Pradip Kumar Sinha @ Pradip Kumar and Pankaj Kumar Sinha @ Pankaj Kumar to surrender in the trial Court/Court below within a period of one month from the date of this order and if they surrender, the trial Court/Court below will release them on bail on furnishing bail bond of Rs. 10,000/ (Rs. Ten thousand) each with two sureties of like amount each to the satisfaction of Smt. Garima Mishra, Judicial Magistrate, 1st Class, Bokaro in connection with C.P. Case No. 839 of 2010 with the conditions that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.