Dabloo Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.5912 of 2016 (2) dt.23-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5912 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ======================================================
1. Dabloo Kumar son of Baleshwar Prasad resident of Mohalla Shiv Nagar, Khemnichak, P.S. Ram Krishna Nagar, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukund Kumar For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned counsel for the petitionerand learned Additional Public Prosecutor, appearing on behalf of the State. This application arises out of Krishna Nagar P.S. Case No.
of 2015, disclosing offences under Section 420,467,468,471,472,384,385,387,504/34 of the Indian Penal Code.
The allegation against the petitioner is that he got transferred in his name the land having area 4 katha 10 dhurs through a sale deed executed by one Ram Briksh Mahto. Learned counsel for the petitioner submits that it is not the allegation in the First Information Report that the said land did not belong to said Ram Briksh Mahto when he executed the sale deed in favour of the petitioner on 05.01.2015. He submits that no
Patna High Court Cr.Misc. No.5912 of 2016 (2) dt.23-02-2016 criminal offence is made out on the basis of the allegation as contained in the First Information Report and dispute between the petitioner and informant is purely civil in nature. I find substance in the submissions advanced on behalf of the petitioner. This application is allowed.
Let petitioners above-named in the event of his arrest /surrender within four weeks from today, in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Court of Kumari Jyotshna, learned Judicial Magistrate, First Class, Patna in connection with Krishna Nagar P.S. Case No. 86 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners 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 bonds shall be liable to be cancelled (Chakradhari Sharan Singh, J) ArunKumar/- U