IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.656 of 2008 RAVINDRA KUMAR Versus 1. THE STATE OF BIHAR 2. DILIP KUMAR ----------- 3 15.12.2008 This revision has been preferred against the order dated 4.2.2008 passed by Additional Sessions Judge, Fast Track Court No. II, Jehanabad in Criminal Appeal No. 37 of 2007/ 14 of 2007 thereby the order dated 18.4.2007 passed by SriAlok Kumar, Executive Magistrate, Arwal in case no.229/2006 in a proceeding under Section 107 of the Code of Criminal Procedure has been set aside. The learned Executive Magistrate in a proceeding under Section 107 of the Code of Criminal Procedure directed the opposite party no.2 to execute a bond of Rs.5000/- with two sureties for a period of one year to maintain peace and be of good behaviour. Heard learned counsel for the parties. Submission of learned counsel for the petitioner is that there was sufficient evidence on record to show that the apprehension of peace still continues but in spite of that learned Fast Track Court has set aside the order of the Executive Magistrate. Considered the submission of learned counsel for the petitioner. Perused the impugned order. On perusal of the impugned order it appears that the learned appellate court has set aside the order of the Executive Magistrate on technical ground i.e. lapse of statutory period. It appears that life of the proceeding was excluded by the Executive Magistrate without - 2 - assigning any reason and giving no period of extension. In the facts and circumstances of the case, learned Fast Track court has rightly set aside the order of the Executive Magistrate. I find no justification to interfere in the impugned order .Accordingly, this application is dismissed. B.Jha (Ghanshyam Prasad)