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Patna High CourtCR. MISC./17800/2016bail granted

Sudhir Kumar Ram v. The State Of Bihar

2016-05-04Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17800 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Sudhir Kumar Ram Son of Sukeshwar Das, R/O- Village- Ram Das Manjhauli, P.S.- Bochaha, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. S.Dayal (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Bochaha P.S. Case No. 133 of 2015 registered for offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that she claimed that 12 decimals land was registered in her favour by her father-in-law, namely, Yugal Singh, but the petitioner in connivance with other co-accused got her land executed in favour of one Ram Kumar Ram on the basis of forged and fabricated documents. It has further been stated in the First Information Report that a sum of Rs.

Patna High Court Cr.Misc. No.17800 of 2016 (2) dt.04-05-2016 2/3 20,000/- was taken by the petitioner for issuing rent receipt in her name, but the same was issued in favour of Ram Kumar Ram.

It has been submitted by the counsel for the petitioner that the matter relates to civil dispute in which title is to be decided between the vendee and Ram Kumar Ram, who has since been granted the privilege of anticipatory bail in Cr. Misc. No. 9068 of 2016 on 26.02.2016 by a Coordinate Bench of this Court. He further submits that the petitioner has no criminal history, as is evident from paragraph 3 of this petition.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report and, hence, opposes the prayer for bail.

Be that as it may, since the matter relates to civil dispute, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Sub-Judge II-cum- Additional Chief Judicial Magistrate, Muzaffarpur in connection with Bochaha P.S.

Patna High Court Cr.Misc. No.17800 of 2016 (2) dt.04-05-2016 3/3 Case No. 133 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T