1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1311 OF 2009. Feroz s/o Karim Qureshi ...Applicant. VERSUS The State of Maharashtra & another. ...Respondents. ... Mr.S.B.Rajebhosale Advocate for the applicant. Mr.N.H.Boarde, APP for the respondents. ... CORAM: A.V.NIRGUDE, J. Date : 11th June, 2009. COURT'S ORDER: 1. The applicant is seeking anticipatory bail in crime No.M.Case No.4/2009 registered on 17th February, 2009 alleging offence punishable under Sections 441, 442, 445, 379 and 120-B of the Indian Penal Code. The applicant and complainant are engaged in civil litigation in respect of certain property. Both of them are claiming ownership and possession of the same. Both of them also alleged that the electric meter installed in the house belonged to them and is 2 standing in their name. The complainant lodged his complaint alleging that on 31st December, 2008 when the complainant's care taker of the house came to the house, he found the applicant inside the house. It is the case of the complainant that he had purchased this house from one Rizavana Begum. He also asserted that for some time he rented out this premises and thereafter it has come to his possession. He said, when his care taker entered the house, the applicant and others abused and threatened him and drove him out of the house. The complainant at that time was at Mumbai. Hearing this news, he rushed back to Aurangabad and realised that he not only had lost control over the house but he had also lost control over the articles which he had kept in the house. He alleged that he had kept valuable articles such as ornaments, new cloths etc. in the house. He alleged that the applicant had stolen these articles. He requested the police that they should help him and restore back his possession. 2. The contents of the complaint prima facie clearly show that this is a civil dispute between the complainant and the applicant. It is apparent that the complainant is trying to take police help to get the possession of the house in question back to him. I am told that the 3 complainant's wife has already filed a suit in Civil Court against the applicant, I think the applicant deserves anticipatory bail. Application is allowed. i) In the event of the applicant's arrest in this case, he shall be released on bail of Rs. 5,000/- (Rs.Five Thousand only), with one surety in the like amount. (A.V.NIRGUDE,J.) lkp