NARESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application arises against the judgment dated 9.2.1998 passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 21/1997 whereby the learned Sessions Judge, dismissed the appeal filed by the petitioner challenging the order dated 28.10.1996 passed by the Executive Magistrate, Dhanbad in a proceeding under Section 107, Cr PC whereby the petitioner was directed to execute bond of Rs. 5.000/ - in order to keep peace for a period of one year.

(2.) THE facts in detail are not required to be stated in view of the points raised on behalf of the petitioner. Suffice is to say that a proceeding under Section 107, Cr PC was initiated at the instance of the first party on the basis of a police report on 3.11.1995 and the second party, i.e., the opposite party herein, was directed to appear and file show cause. Thereafter the opposite party appeared, filed his show cause and then after completion of the enquiry under Section 116, Cr PC final order was passed on 28.10.1996 directing the second party to execute bond. The said order of the learned Executive Magistrate was challenged by filing an appeal before the Sessions Judge, Dhanbad, which was dismissed by the impugned order dated 9.2.1998, which is under challenge in this revision application.

(3.) SECTION 116(6) of the Cr PC reads thus : -