IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27035 of 2010
MD.MOKHTAR S/O ALI RAZA, R/O VILLAGE-LADHAURA,
P.S. KURHANI DIST.MUZAFFARPUR.
--PETITIONER
Versus
THE STATE OF BIHAR --OPP.PARTY
2 23.09.2010
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
Petitioner is named accused in this case.
Admittedly, he is one of the beneficiaries of Indira Awas
Scheme and received rupees fourteen thousand as first
installment for construction of house over particular piece of
land but, as alleged, he did nothing and invited institution of
the case as early as in the year 2006. It is submitted during
course of argument that, in fact, petitioner had already
constructed major portion of the house over specified plot.
To substantiate the statement, one photograph of a house
under construction has also been annexed. If it is so, subject
to verification of assertion of the petitioner as regard to
construction of the house up to lintel level, subject to
verification with aid of the provision as contemplated under
Section 446 of the Code of Criminal Procedure, the
2
petitioner, in the event of his arrest or surrender within four
weeks from today, is directed to be enlarged on bail on his
furnishing bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
Subdivisional Judicial Magistrate, (West) Muzaffarpur, in
Kurhani P.S. Case no. 43 of 2006, subject to the conditions
laid down in Section 438(2) of the Code of Criminal
Procedure, with additional condition that the petitioner shall
remain present before the court below on each and every date
for one year or till disposal of the case, whichever is earlier.
If the petitioner fails to remain present on two consecutive
dates without any reasonable explanation the privilege
granted shall be deemed to be cancelled.
Let this order be sent through FAX at the cost of
the petitioner.
(Akhilesh Chandra, J.)
AAhmad