Nisar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44143 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Nisar Mian, Son of Late Mahmood Mian, resident of Village Islam Nagar, P.S. Khaira, Dist.- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 388 of 2017, registered for offences punishable under Sections 384, 386, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he is not vacating the house of the informant and also threatening him. It has been submitted on behalf of the petitioner that the house and land in question is the joint house of the petitioner and his brother and his brother has sold the said house to the informant without consent of the petitioner and when the petitioner was not ready to vacate the said house, the informant has come with this false case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.44143 of 2018 (2) dt.27-07-2018 2/2 before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jamui, in connection with Khaira P.S. Case No. 388 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T