Dilip Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.50086 of 2016 (6) dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50086 of 2016 Arising Out of PS.Case No. -386 Year- 2015 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Dilip Kumar S/o Late Sahligram Katyal Resident of Flat No. E1, Vashnavi Villa Apartment, Doctor's Colony Road, Siddharth Nagar, Jagdeo Path, P.S.- Hawai Adda, District- Patna Presently in the house of Sri Kiran Prasad, Naya Tola Saguna, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madheshwar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State as well as the counsel for the informant.

This application, for grant of anticipatory bail, arises out of Gandhi Maidan Police Station Case No. 386 of 2015, disclosing offences under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the dispute between the parties is of civil dispute in nature. The petitioner, who is of 75 years of his age, is suffering from various diseases and has not committed any offence as alleged in the FI.R. In fact, the petitioner has sold the alleged Flat No.101

Patna High Court Cr.Misc. No.50086 of 2016 (6) dt.20-03-2017 to Smt. Shikha Sikha Singh through a registered sale deed in year 2010. Moreover, charge sheet has already been filed in this case and there is no chance of tampering with the evidences. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case and nature of dispute, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna, in connection with Gandhi Maidan Police Station Case No. 386 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T