Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19014 of 2020 ========================================================== Manoj Kumar, aged about 42 years, male, Son of Ram Charitra Rai, R/o-Pipra, Ward No. 15, P.S.-Nagar, District-Begusarai.

...........Petitioner/s

Versus

The State of Bihar ..........Opposite Party/s ========================================================== Appearance:

For the Petitioner/s : Mr. Vivekanand Prasad, Adv. For the State : Mr. Rajiv Nayan, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 21-07-2020 Heard Mr. Vivekanand Prasad, learned counsel for the petitioner and Mr. Rajiv Nayan, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Begusarai Town P.S. Case No. 312 of 2019, dated 09.06.2019, instituted for the offences under Sections 467, 468, 471, 506 and 420/34 of the Indian Penal Code.

It has been alleged in the F.I.R. that the land belonging to the informant has been transferred illegally in the name of wife of the petitioner. The informant has also alleged to have been assaulted by the petitioner and his wife.

It has been submitted on behalf of the petitioner that there is a dispute regarding partition of property between the father and two sons, the petitioner being one of the sons of the informant. It has further been submitted that because the land falling in the share of the petitioner was sold by the father of the petitioner (informant) and another brother of the petitioner, a title suit was filed, bearing Title Suit No. 50 of 2019, which is pending adjudication before a competent Court of law.

Regard being had to the nature of accusation and the relationship between the parties, the petitioner above-named, in the event of his arrest/surrender before the Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in

connection Begusarai Town P.S. Case No. 312 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T