Rajan Kapoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57739 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -SC/ST P.S. District- NAWADA ====================================================== Rajan Kapoor Son of Late Shivnandan Sinha, R/o Mohalla- Shiv Nagar, P.S.- Nawada Town in the district of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl. PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-01-2016 Learned counsel for the petitioner has produced before me the certified copy of the compromise petition, which is taken on record.

Heard learned counsel for the petitioner and learned Special P.P. for the State.

Petitioner apprehends his arrest in connection with Nawada SC/ST P.S. Case No. 65 of 2015 registered for offences punishable under Sections 504 and 506 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case, in brief, is that the informant submitted a written application before the Officer-in-charge, Nawada SC/ST P.S. on 10.10.2015 alleging therein that on the said date at about 9:00 A.M., his neighbour, Rajan Kapoor (Petitioner) was constructing wall just beside the house of the

Patna High Court Cr.Misc. No.57739 of 2015 (2) dt.13-01-2016 2/2 informant. The informant objected, on which the petitioner is alleged to have abused him by calling his caste name and also threatened to kill him.

It has been submitted by the counsel for the petitioner that there is admittedly a land dispute and the basis of quarrel was erecting a wall, which was obstructing the wall of the petitioner. It has further been submitted that both the petitioner and the informant have entered into a compromise and the certified copy of the compromise petition has been filed before this Court. It has further been submitted that the petitioner has no criminal antecedent, as is evident from paragraph 3 of this petition. Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada SC/ST P.S. Case No. 65 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T