Jharkhand High Court
Bharati Chaterjee And Ors vs The State Of Jharkhand on 5 July, 2016
Author: D. N. Upadhyay
Bench: D. N. Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No.2045 of 2016
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1. Bharati Chaterjee.
2. Shiv Shankar Chaterjee.
3. Bikas Kumar Gupta. .......... Petitioners.
-Versus-
State of Jharkhand. .......... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE D. N. UPADHYAY
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For the Petitioners : Mrs. Gouri Debi, Advocate
For the State : A.P.P.
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02/05.07.2016: Heard learned counsel for the parties.
The petitioners are accused in a case registered under Sections 147, 148, 323, 341, 324, 504, 420, 379 and 34 of the Indian Penal Code.
Admitted case of the complainant/informant is that Railway Canteen at Platform No.1 of Donguaposi Station, was allotted in favour of Petitioner No.1. It is alleged that the aforesaid canteen was given on rent to the complainant/informant and the complainant had paid certain amount in advance and also agreed to pay monthly rent. The tenancy was for five years commencing from 16th December, 2013. It is further alleged that accused persons forcibly occupied the canteen and committed theft of utensils and other articles and also misappropriated the amount given by the complainant.
It is submitted that railway canteen at Platform No.1 of Donguaposi Station, was allotted to Petitioner No.1. The Complainant has not annexed any agreement nor he has furnished any receipt against payment made by him to the accused persons.
Even admitting the contentions made by the complainant true, the dispute arises against tenancy of a canteen.
Counsel for the State has opposed the petitioner's prayer for anticipatory bail.
Considering the facts and circumstances of the case, the petitioners, above named, are directed to surrender before the court below within three weeks from today and, if they do so, they shall be released on bail on furnishing bail -2- bond of Rs. 10,000/- (Rupees Ten thousand), respectively, with two sureties of like amount, each, to the satisfaction of the learned Railway Magistrate, Chakradharpur in connection with Donguaposi P.S. Case No.5 of 2015, corresponding to G.R. No.54 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(D. N. Upadhyay, J.) Sanjay/