Patna High CourtCR. MISC./30070/2016bail granted

Chandu Singh v. The State Of Bihar

2016-09-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30070 of 2016 Arising Out of PS.Case No. -364 Year- 2013 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Chandu Singh, s/o Late Ram Waran Singh, R/o village- Banauli, P.SSursand, District- Sitamarhi .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Jha, Adv. For the Opposite Party : Smt Renu Kumari, APP 160 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both side.

The petitioner apprehends his arrest in Shastrinagar P.S. Case No. 364 of 2013 under Sections 406, 420, 323, 380 and 506 of the Indian Penal Code.

The informant filed a complaint case, bearing Complaint Case No. 2708(C) of 2013 on the basis of which first information report was registered. The complainant-informant alleged that he owns some lands in village Banauli, P.S. Sursand, district Sitamarhi. The petitioner took the land from the complainant-informant on lease on payment of Rs.8,000/- per month, but, the petitioner did not pay the money. On demand, the petitioner came to the house of the complainant-informant situated in Shivpuri, Patna, and assaulted the informant and took away different articles.

The learned counsel for the petitioner submits that there is a land disputed between the parties. The petitioner never took any land of the complainant-informant on lease and false case has been lodged. From the contents of the complaint petition, it appears that the case is of civil nature.

Patna High Court Cr.Misc. No.30070 of 2016 (3) dt.08-09-2016 Considering the facts and circumstances, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Shastrinagar P.S. Case No. 364 of 2013 to the satisfaction of Smt. Indrani Kishku, Judicial Magistrate, 1st Class, Patna, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √