Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33733 of 2013 Arising Out of PS.Case No. -1134 Year- 2012 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Pradeep Kumar S/O Bashistha Singh Resident Of Village Kadsara, P.SDurgawati, District- Kaimur At Bhabua. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Anil Kumar, S/o Shree Shiv Das Singh, resident of village- Kadsara, P.S.-Durgawati, District- Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. S.Dayal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 468, 471, 504 of the Indian Penal Code. It is alleged that the petitioner fraudulently obtained Land Possession Certificate with regard to the land of the complainant in his favour and on that basis obtained loan from the Punjab National Bank.

Notices were issued to the opposite party no. 2 vide order dated 30.09.2013 but in spite of house service of notice none is appearing on behalf of opposite party no. 2. House

Patna High Court Cr.Misc. No.33733 of 2013 (4) dt.18-03-2015 service of notice was treated to be deemed service of notice, but in spite of that none is appearing.

It is submitted by the learned counsel for the petitioner that the petitioner is agnate of the complainant and the land in question falls in the share of the petitioner, which was also decided during the consolidation proceeding. Considering the nature of accusation, 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 Complaint Case No. 1134 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T