Panchamdev Singh @ Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6602 of 2016 Arising Out of PS.Case No. -633 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Panchamdev Singh @ Vivek Singh Son of Late Kalika Singh, Bhabua WArd No. 9, P.S. Bhjabua, District - Kaimur at BHabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 448, 504, 506/34 of the Indian Penal Code and 3(1) (V), 3(1) (IV), 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that the petitioner got three decimal of land of the informant transferred in the name of his mother from the alcoholic husband of the informant. Subsequently when the informant opposed the mutation of the land in favour of the mother of the

Patna High Court Cr.Misc. No.6602 of 2016 (2) dt.12-02-2016 petitioner, then the petitioner came to the house of the informant and abused by calling caste name.

It is submitted by the learned counsel for the petitioner that the land was transferred by the husband of the informant after receiving consideration amount and land has already been mutated in the name of the mother of the petitioner. The petitioner is not a party to the sale deed. Moreover, the occurrence has taken place inside the house of the informant which cannot be treated to be public view. It is submitted by the learned counsel for the informant that the petitioner got the land transferred through alcoholic husband of the informant without making payment of consideration amount and informant has filed objection in the mutation proceeding also.

Considering the accusation being levelled in the background of transfer of the land of the husband of the informant and coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 633 of 2015, subject to conditions as laid down under

Patna High Court Cr.Misc. No.6602 of 2016 (2) dt.12-02-2016 Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T