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Patna High CourtCR. MISC./27545/2014disposed

Sanjeev Singh Choudhary @ Sanjeev Kumar Singh v. The State Of Bihar

2015-01-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27545 of 2014 Arising Out of PS.Case No. -118 Year- 2014 Thana -BANKA District- BANKA ====================================================== Sanjeev Singh Choudhary @ Sanjeev Kumar Singh, S/o Ramanand Singh Choudhary, resident of village- Gorgama, P.S.- Amarpur in the District of Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Prasad Roy, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks the privilege of pre arrest bail in connection with Banka P.S. Case No. 118 of 2014 registered for the offence under Sections 341, 342, 307, 323, 386, 380, 327, 504/34 of the Indian Penal Code.

The petitioner being the only son of the informant made his father captive kept confined in a room for about five days in order to compel him to dispose of the property in his favour and when he failed in such attempt then not only took out the valuable documents, cash and ornaments of the informant but also compelled to give signature on the blank Non-Judicial Stamp Paper and in such course the informant was also assaulted by the petitioner and due to the intervention of the villagers he was rescued and when he returned to his

Patna High Court Cr.Misc. No.27545 of 2014 (4) dt.08-01-2015 house found the house locked and then the case has been instituted.

Submission is of false implication and further that in order to deprive the petitioner from the family property he is being implicated falsely. It is submitted that the father has not lodged the case and he is ready to say regarding the innocence of the petitioner to which the learned APP submits that in case the father of the petitioner does not support the allegation then in that case the petitioner may surrender and seek regular bail in the court of learned Chief Judicial Magistrate, Banka itself. Considering the submissions, the petitioner is directed to surrender in the court below and if his father, who is the informant of this case, appears before the court below and submits that he has not lodged the case, then in that case the petitioner may be released on bail on execution of bail bond to the satisfaction of the learned court below and accordingly this anticipatory bail petition is hereby disposed of. (Jitendra Mohan Sharma, J) P.K./- U T