Aftab Alam v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.10139 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10139 of 2015 Arising Out of PS.Case No. -193 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Aftab Alam son of Late Idrish Mian Resident of Village - Bhusawn, Police Station - Thawey, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ruksida Khatoon Wife of Maksud Alam Resident of Village - Bhusawn, Police Station - Thawey, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s Mr. Manoj Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint case no. 193/2013 in which cognizance has been taken under sections 323, 354 and 380 the IPC.

The contention on behalf of the petitioner is that petitioner and his mother purchased some piece of land from the mother of the complainant but later on, complainant started raising objection against the above stated transaction and started putting pressure upon the petitioner and his mother to relinquish their right in respect of their purchased property. It is further contended on behalf of the petitioner that brother of the petitioner filed Title suit no. 27/2013 for declaration of his right in respect of his purchased land and the petitioner was made defendant to the aforesaid title suit as on 24.1.2013 at the time

Patna High Court Cr.Misc. No.10139 of 2015 (2) dt.13-03-2015 of filing of the above stated title suit, petitioner was in abroad but the complainant has lodged this case for the occurrence of 23.1.2013 and the contents of the aforesaid title suit reflect that on the alleged occurrence, petitioner was not present at his home. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Gopalganj in Complaint case no. 193/2013, Trial no. 4024/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T