Baliram Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19797 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -GOPALGANJ CITY DistrictGOPALGANJ =====================================

1. Baliram Ram, Son of Late Mahadeo Ram, Resident of Village - Thawe Road, Gopalganj, Ward No. 10, at present of Ward No. 22, Thawe Road, Gopalganj, Police Station - Gopalganj, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar Singh, Adv. For the State : Mr. C. Sen Pd. Singh (APP) For the Informant : Mr. Harendra Prasad, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

This application, for grant of anticipatory bail, arises out of Gopalganj Town P.S. Case No.225 of 2015, disclosing offences under Sections 420, 467, 468 and 120(B) of the Indian Penal Code.

It is alleged against the petitioner that he is

Patna High Court Cr.Misc. No.19797 of 2016 (2) dt.19-05-2016 2/3 selling portion of the land of Joint Family Property, which fell in the share of Sheonath Ram. The wife of said Sheonath Ram had transferred some property in the name of informant's father and one Dhruv Singh.

Learned counsel for the petitioner has submitted that it is primarily a civil dispute between the parties, relating to share in the Joint Family Property. Learned counsel, appearing on behalf of the informant, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and has submitted that the petitioner is in the process of selling properties, which do not fall in his share. He has submitted that because of the conduct of the petitioner, situation at the place has worsened.

However, considering the fact that it is basically a dispute over title between the parties, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Town P.S. Case No.225 of 2015, subject to the condition laid down under Section 438 (2) of the Code

Patna High Court Cr.Misc. No.19797 of 2016 (2) dt.19-05-2016 3/3 of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T