Sanjeev Kumar Dwivedi @ Sanjeev Kumar Devedi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42469 of 2018 Arising Out of PS.Case No. -145 Year- 2018 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sanjeev Kumar Dwivedi @ Sanjeev Kumar Devedi S/o Harendra Dwivedi Resident of Village- Smasa, P.S. Mansoorchak, District- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Alakh Nath Tiwari S/o Late Kseshwar Tiwari Resident of VillageKosute, P.S. Dhanarua, P.O. Kosute, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.145© of 2018 registered under Sections 323, 379 and 504 of the Indian Penal Code.

The complainant alleged that the petitioner came to his house and taken away different articles and when the Complainant protested, the petitioner is alleged to have assaulted. Learned counsel for the petitioner submits that no occurrence as alleged by the Complainant has ever taken place. Ashok Tiwari, the son of the Complainant and the petitioner are brother-in-law (Sarhu). The dispute arose between two brothersin-law because Ashok Tiwari, son of the Complainant fraudulently

Patna High Court Cr.Misc. No.42469 of 2018 (2) dt.20-07-2018 2/2 got some lands transferred in his name from mother-in-law. When the petitioner objected the complainant filed this case. Taking into consideration the aforesaid fact and the nature of allegation made against the petitioner and also the fact that the petitioner happens to be own brother-in-law of Ashok Tiwari, son of complainant, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna, in connection with Complaint Case No.145(C) of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Amit/- U T