Kavindra Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.416 of 2014 ====================================================== Kavindra Thakur, son of Late Parsal Thakur, resident of village - Lalu Chapra, Neem Patti, P.S. Paroo, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Umesh Prasad Thakur son of Brahmdeo Thakur resident of village - Lalu Chapra, Neem Patti, P.S. Paroo, District - Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunita Kumari, Adv. For the State : Mr. Ram Naresh Roy, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-09-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks Revision of the order dated 25.2.2014 by which Sub Divisional Magistrate, West Muzaffarpur, in Case No. M 1246 of 2013 directed execution of interim bond under Section 116(3) Cr. P.C. in a Proceeding under Section 107 Cr. P.C.

It has been submitted that the Petitioner is a cosharer of the property which has led to a dispute and he does not come within the definition of a person attempting to disturb the peace and tranquility.

Considering the aforesaid and also the relationship between the Parties, the application is allowed and the Proceeding

Patna High Court CR. REV. No.416 of 2014 (6) dt.15-09-2015 2/2 including the order dated 25.2.2014 passed by the Sub Divisional Magistrate, West Muzaffarpur, in Case No. M 1246 of 2013, is hereby, set aside.

However, the Parties shall restrain themselves and not act in any manner which is detrimental to the interest of the society.

(Anjana Prakash, J) S.Ali/- U T