Patna High Court - Orders
Kameshwar Ram vs The State Of Bihar on 12 December, 2014
Author: Vikash Jain
Bench: Vikash Jain
Patna High Court Cr.Misc. No.29244 of 2014 (2) dt.12-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29244 of 2014
Arising Out of PS.Case No. -80 Year- 2013 Thana -NALANDA COMPLAINT CASE District-
NALANDA (BIHARSHARIFF)
======================================================
Kameshwar Ram son of Late Hari Ram, resident of Village- Surhimath, P.S.
Islampur, Distt- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar
For the Opposite Party/s : A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 12-12-2014Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420 and 506 of the Indian Penal Code registered in connection with Complaint Case No. 80C of 2013.
3. It is submitted that the petitioner has been falsely implicated as in fact the sale agreement had been executed with respect to plot of land bearing Khesra No. 1313 (Annexure-2) and not Khesra No. 313 which is the subject matter of the complaint. It is further submitted that the petitioner has not received any money from the complainant. It is also submitted that in any event the entire transaction discloses the dispute of mere civil nature.
Patna High Court Cr.Misc. No.29244 of 2014 (2) dt.12-12-2014
4. The name of counsel for the Complainant appears in the Cause List however none is present when the matter is called out today.
5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri R.K. Mishra, learned Judicial Magistrate, Ist Class, Nalanda at Biharsharif, in connection with Complaint Case No. 80c of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with additional condition that the petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/-
U T