Pappu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36511 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Pappu Sah S/o Kari Sah Resident of Village- Rahamganj, P.S.- Laheriasarai, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Nath Jha For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 79 of 2017 registered for offences punishable under Sections 448, 387, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of demand of rupees one lakh and also of constructing hut on the land of the informant.

Submission of the learned counsel for the petitioner is that petitioner has purchased 2 Katha and 2 Dhur of land adjacent to the place of occurrence and due to that informant is not happy as he was interested in purchasing the said land, and as such, the present false case alleging demand of extortion has been lodged

Patna High Court Cr.Misc. No.36511 of 2017 (2) dt.10-08-2017 2/2 against he petitioner. Petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released 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 Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 79 of 2017 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Manish/- U T