IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4349 of 2011 DILIP KUMAR PASWAN @ DILIP RAJ LATE RAM PRASAD PASWAN, RESIDENT OF VILLAGE- YEKKTHA, P.S. KHUTAUNA, DISTRICT- MADHUBANI, A/P R/O MOHALLA- CHHOTAKI DELHA, P.S. DELHA, DISTRICT- GAYA. …PETITIONER. Versus THE STATE OF BIHAR. …..OPPOSITE PARTY. ----------- 2. 10.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody since 6.12.2010 in relation to Delha P.S. Case No. 107 of 2010 instituted under Sections 363,364,467,468 and 471 of the Indian Penal Code. The informant alleged that on 4.12.2010 her husband was taken by the petitioner on his motorcycle, who is a constable. On the pretext of paying rent which was due to long period, it appears that the petitioner took Bhola Prasad and took his signature on stamps and blank paper, upon these allegations petitioner was arrested. Learned counsel for the petitioner submitted that the hole case is concocted and false as would be evident from the fact that on 16.11.2010 much prior to the present case, petitioner’s wife had already filed a complaint being complaint case No. 2107 of 2010 in the court of C.J.M. Gaya, which now is pending before the Judicial Magistrate, for trial. 2 In the said complaint which was against the said Bhola Prasad and his wife the informant and others, it was clearly mentioned that Bhola Prasad had borrowed money from the petitioner and had agreed to sell the house. If the money was not returned because of which petitioner with his family was staying in the house on Chhatha day, he returned to find to occupy the house evicting from them. The agreement as Bhola Prasad and petitioner was also recorded therein. It is thus submitted that these documents are thereon referred before the First Information Report or the date as mentioned therein. This case is thus mala fide and false. Be that as it may, petitioner, namely, Dilip Kumar Paswan@ Dilip Raj is directed to 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 learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 107 of 2010. Devendra/ ( Navaniti Prasad Singh, J. )