Md. Chhotoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74696 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- BISFI District- Madhubani ====================================================== Md. Chhotoo, Son of Md. Zakir, Resident of Village- Usauthudih, P.S.- Bisfi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-01-2019 Heard learned counsels for the petitioner, informant and State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379/34 of the Indian Penal Code.

The prosecution case as per the written report of Md. Nasrullah, submitted to the S.H.O., Bisfi P.S. is to the effect that on 13.08.2018 at about 10.00 P.M., the informant parked his vehicle in front of his door but in the morning when he woke up, he did not find his vehicle. It is further alleged that the wife of informant, during morning walk saw the co-accused Md. Afzal and the petitioner along with two other unknown persons taking away the vehicle of the informant. Hence, it is alleged against the petitioner that the petitioner committed theft of the vehicle

Patna High Court Cr.Misc. No.74696 of 2018(2) dt.10-01-2019 2/3 of the informant.

It is submitted by learned counsel for the petitioner that the of niece of the petitioner, Rizwana Khatoon, was married with the son of the informant and at an earlier point of time, a case has been lodged against the informant, being Bisfi P.S. Case No. 187 of 2018, with accusation punishable under Sections 147, 148, 341, 323, 498(A) and 436 of the I.P.C. It is further submitted that at an earlier point of time the informant lodged one another case against the petitioner being Bisfi P.S. Case No. 186 of 2016. Hence, in background of litigated relationship, the accusation has been levelled against the petitioner. So far as the fact that the wife of the informant saw the petitioner taking the vehicle away in morning, appears to be absolutely unreasonable and unbelievable.

It is submitted by learned counsel for the informant that the wife of the informant saw the petitioner taking away their vehicle.

Considering the accusation being levelled in the background of litigated relationship between the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond

Patna High Court Cr.Misc. No.74696 of 2018(2) dt.10-01-2019 3/3 of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipatti, Madhubani, in connection with Bisfi (Aunshi) P.S.Case No. 215 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T