Md. Sayenoor @ Sahinoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16388 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -POTHIYA District- KISANGANJ ======================================================
1. Md. Sayenoor @ Sahinoor, Son of Late Mohiuddin, resident of Village Pochabaati, P.S. Pothia, Distt. Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The petitioner prays for anticipatory bail in connection with Pothiya P.S. case no. 53 of 2016 registered for the offence punishable under Sections 386/34 of the Indian Penal Code.
It is submitted on behalf of petitioner that there is false and concocted allegation of demand of extortion money of Rs. 2 lacs against the petitioner and the fact is that land dispute is going on between the parties and due to that, this case is filed. Heard learned A.P.P. also.
Having heard both sides. Considering the fact that Title suit is pending between the parties, the anticipatory bail
Patna High Court Cr.Misc. No.16388 of 2017 (2) dt.08-04-2017 2/2 application of petitioner is allowed and he, in the event of arrest/ surrender before the court below within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-II, Kishanganj in connection with Pothiya P.S. case no. 53 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a condition that bailors should be the local one having sufficient property within the jurisdiction of learned court below and with further condition that petitioner shall cooperate and assist in the investigation of the case and if he fails to assist the investigating officer, the prosecution shall be at liberty to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J.) rinkee/- U T