Bihari Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.36170 of 2014 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36170 of 2014 Arising Out of PS.Case No. -399 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Bihari Singh son of Late Dhupan Singh , Resident of village - Gangauli , p.o Gangauli , p.s. - Dehri . Dist. Rohtas . .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner prays for anticipatory bail in a case registered under Section 406 of the Indian Penal Code. Learned counsel for the petitioner submits that the complainant is the son-in-law of the petitioner who has filed the case on false grounds, as the property of the petitioner was alleged to have been given to the share of the complainant, which the petitioner is alleged to have sold.

It is further submitted by learned counsel for the petitioner that the dispute between the parties is entirely of a civil nature and no case under Section 406 of the Indian Penal Code is made out.

On a consideration of the facts and circumstances of the

Patna High Court Cr.Misc. No.36170 of 2014 (2) dt.20-03-2015 case, the petitioner, Bihari Singh, in the event of his arrest or surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in Complaint Case No.399/2013 to the satisfaction of S.D.J.M., Dehri, District- Rohtas, subject to the other applicable conditions laid down in Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U