IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8210 of 2010 HAKIM KUMAR Versus STATE OF BIHAR ----------- 2 15.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Ara Nawada P.S. case No. 434/2009 dated 17.12.2009 registered under sections 384, 342, 323,/34 of the Indian Penal Code. According to the prosecution case the informant was called by the petitioner at his house, assaulted him and confined him in his room and demanded Rs. 25000/-. Police party arrived there and rescued the informant from there. It is submitted by the learned counsel for the petitioner that offences under sections 342 and 323 are bailable one and only offence under section 384 is non-bailable. By referring to FIR vide Annexure-1, he submits that the informant was working as driver of the truck of this petitioner and there was some dispute regarding payment of wages. He submits that as matter of fact there was some controversy regarding return of Rs. 25,000/- by the informant which he had kept with him out of freight received from the said truck. He also submits that admittedly no amount has been paid by the informant to the petitioner and, therefore, in absence of delivery of any property, offence under section 384 is not at all applicable. Learned counsel for the State, though opposed the prayer for anticipatory bail has not disputed the aforesaid legal proposition. In view of the aforesaid back ground and in view of the fact that there was relationship of master and servant between the petitioner and - 2 - the informant, and there was some dispute regarding money transaction between the parties, let the above named accused in the event of his arrest or surrender in the court below, within a period of four weeks from today be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Bhojpur at Ara in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.PC. and subject to further conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned.. (c) That petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) M.Rahman