Patna High CourtCR. MISC./49025/2014bail granted

Md. Daulat @ Aasin Mohiuddin v. The State Of Bihar

2015-04-23Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49025 of 2014 Arising Out of PS.Case No. -70 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Md. Daulat @ Aasin Mohiuddin Son of Late Alijan Mian Resident of Village - Bhirkhi, Ward No. 26, Police Station - Madhepura, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Reebha Kumari, Advocate For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case No. 70 of 2014, registered for the offences punishable under Sections 420, 323, 379, 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegations against the petitioner is misconceived and false and cannot form the substance of any prosecution against him, inasmuch as no case is made out against the petitioner especially under Sections 323 and 379 of the Indian Penal Code. So far as the question of having disputed plot is concerned, the petitioner submits that the sale deed executed by the petitioner was bona fide and, if at all, there was any

Patna High Court Cr.Misc. No.49025 of 2014 (2) dt.23-04-2015 dispute, the matter can well be resolved in the title suit, which has already been preferred by the complainant in the year 2012 itself.

Considering the aforementioned submissions and also the nature of dispute, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Complaint Case No. 70 of 2014, subject to the conditions as laid down under Section 438(2) of the Indian Penal Code.

(Anjana Mishra, J) P.K./- U T