Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1237 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nandan Kumar, son of Pradeep Kumar Gupta @ Pradip Prasad, resident of Village- High School Chowk, Narkatiaganj, Police Station- Shikarpur, District- West Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sahodra P.S. Case No. 65 of 2016, registered under Sections 380/34 of the Indian Penal Code.
The allegation of informant is that in course of returning to her house she saw that petitioner Nandan Kumar, one of the son of her sister Manju Devi and Badal Kumar @ Chhotu, who is son of her another sister Mira Devi. While she tried to stop them, but they moved from there. When she reached at her house then saw that the lock of her house was broken and the articles were found hither and thither and cash and ornaments kept in almirah were also found missing. On enquiry, her neighbours disclosed that the petitioner and Badal took articles on the instruction of the informant.
Patna High Court Cr.Misc. No.1237 of 2017 (3) dt.15-02-2017 2/2 Learned counsel for the petitioner submits that while the occurrence is said to be committed on 21.09.2016, but the F.I.R. has been lodged on 01.11.2016 without any reasonable explanation. In fact, there is land dispute in between the mother of the petitioner and the informant and her other sister due to that reason the present case has been lodged against the petitioner and one Badal, who are sons of sisters of informant.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Sahodra P.S. Case No. 65 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U