Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4589 of 2020 Arising Out of PS. Case No.-561 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Surendra Singh Son of Late Sukhdeo Singh Resident of Village-Bhikhanpura, P.S.-Desari, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Yashwant Kumar Singh Son of Satyanarayan Singh Resident of VillageBhikhanpura, P.S.-Desri (OP. Chandpura), District-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan,Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the informant.

The petitioner is apprehending his arrest in a complaint case where in process has been directed to be issued after cognizance being taken for the offences punishable under Sections 364 and 120B of the Indian Penal Code. The prosecution case as per the complaint filed by Yashwant Singh, is to the effect that on 22.06.2016 under a conspiracy, all the accused persons, including the petitioner abducted the younger brother of the informant, Alok Kumar Singh, and got the land transferred through register sale deed, and since then, the younger brother of the informant is traceless. It is submitted by learned counsel for the complainant that from 22.06.2016 the brother of the complainant has been traceless, and the complaint has been filed on 07.03.2017, but

Patna High Court CR. MISC. No.4589 of 2020(2) dt.29-02-2020 2/2 till date, the sale deed in question has not been challenged by the informant. It is further submitted that the accusations has been levelled against the petitioner in the background of land dispute. A statement has been made in paragraph no. 3 of the petition that petitioner is having no criminal antecedent. Learned counsel for the complainant submits that still the brother of the informant is trace-less.

Considering the delayed filing of the complaint and the accusation being levelled in the background of the transfer of land through register sale deed, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 561 of 2017 (T.R. No. 3876/2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Rahul/Gautam/- U T