Ram Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29774 of 2016 Arising Out of PS.Case No. -168 Year- 2014 Thana -MAHESI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Ram Babu Prasad, S/o Yamuna Prasad, Resident of Village - Chintamanpur, P.S. - Mehsi, District - East Champaran. At present resident of Village - Srirampur, P.S. - Gaunaha, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Heard both sides.

The petitioner apprehends his arrest in Mehsi P.S. Case No. 168/2014 (G.R. Case No. 4307/2014) registered under Sections 341, 323, 379, 427, 384, 504 and 506 of the Indian Penal Code.

Informants, Yamuna Prasad and his daughter-in-law Rinki Kumari, alleged that the petitioner used to assault them and also forcibly took away different articles after damaging the kitchen. It is submitted that the petitioner is the middle son of the informant Yamuna Prasad. The petitioner was adopted by the brother-in-law (Bahnoi) of the informant. The adoption deed was prepared in the year 1997. The petitioner was born in the year 1964. It is submitted that the adoption deed cannot be acted upon

Patna High Court Cr.Misc. No.29774 of 2016 (2) dt.05-09-2016 2/2 as the relation of the petitioner is not snapped from his ancestral house. When the petitioner comes to his ancestral house along with his children, the other family members are not allowing them to live and, that is why, this case has been lodged. Considering the facts aforesaid and the fact that the petitioner is the middle son of the informant and there appears a family dispute, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Mehasi P.S. Case No. 168/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T