IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40521 of 2009 HAMIDUR RAHMAN @ MD.HAMIDUR RAHMAN SON OF LATE MANIRUDDIN, RESIDENT OF VILLAGE-BARIJAN MALI, P.S. KOCHADHAMAN, DISTRICT KISHANGANJ Versus STATE OF BIHAR ----------- 4 1.4.2010 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 12 of the instant application. Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 447, 448, 376, 511, 341, 323 of the Penal Code. The petitioner submits that he is innocent and has been falsely implicated in this case due to land dispute. He further submits that he and his cousin brother had purchased a piece of land from one Nasiruddin, the father of the husband of the informant vide sale deed dated 3.11.1965. After the death of Nasiruddin, the husband of the informant started creating trouble and a proceeding under section 144 Cr.P.C. vide Case No.14M/2009 was initiated between the parties, in which report was submitted much prior to the institution of the instant case. Learned counsel for the petitioner submits that the Dy.S.P. in his supervision found the case to be false. However, on same material the Superintendent of Police opined that the case is true. He further submits that the informant is aged about 60 years and having a dozen children. Regard being had to the facts and circumstances of the 2 KHAN case, the petitioner Hamidur Rahman @ Md. Hamidur Rahman is directed to be released on anticipatory bail, in the event of his arrest/surrender, in connection with Kochadhaman P.S. Case No.84 of 2009 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj. (S.P.Singh,J)