Rakesh Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55140 of 2016 Arising Out of PS.Case No. -422 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Rakesh Kumar @ Pappu Son of Vimlendu Singh @ Rajendra Singh resident of village - Kora P.S. - Janipur, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Ms. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with phulwarisharif (Janipur) P.S.Case No. 422 of 2016 registered for the offences punishable under Sections 341, 323, 325, 379 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that on the very face value of FIR it appears that this relates to property dispute between the family members of the petitioner and the informant and no criminal case is made out against the petitioner. No body appears on behalf of the informant in spite of the fact that name of the informant appears in the cause list and the case was passed over for 2.15 P.M.

Heard learned APP also.

Having heard both sides and considering the fact that this case relates to land dispute between the parties, let the petitioner, above named, in the event of his arrest or surrender in

Patna High Court Cr.Misc. No.55140 of 2016 (6) dt.10-02-2017 2/2 the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Mrs. Sema Eram, Judicial Magistrate, 1st Class, Patna, in connection with Phulwarisarif (Janipur) P.S.Case No. 422 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the conditions that petitioner will cooperate in the investigation and appear before the police, as and when required, and on failure on his part to appear before the police on two consecutive occasions, without showing any valid reason, his bail bond shall be liable to be cancelled and further condition is that if the informant is interested to live along with the petitioner, the petitioner will provide shelter and maintenance to the informant.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U