Md. Irshad @ Md. Ershad v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4474 of 2019 Arising Out of PS. Case No.-216 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Md. Irshad @ Md. Ershad s/o Late Md. Maijul Haque Resident of VillageDadari, P.S.- Nanpur, District - Sitamarhi ... ... Petitioner/s
Versus
1. The State of Bihar and Anr Bihar
2. Md. Abdullah Late Jainul Haque Resident of Village- Dadari, P.S.-Nanpur, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.C-1/216/2017 , registered for offences punishable under Sections 420, 468, 504, 506 of the Indian Penal Code.
Allegation as per the complaint petition is that two saledeeds were executed - one by the complainant and another by the co-accused with respect to pieces of land as Badlain and there is dispute with respect to shortage of 2 decimals of land. Submission of the learned counsel for the petitioner is that a Title Suite has already been filed by the complainant being Title Suite No.9 of 2017 dated 4.1.2017 as such the matter
Patna High Court Cr.Misc. No.4474 of 2019(2) dt.29-01-2019 2/2 is of civil in nature.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Sushil Kumar Tripathi, J.M., Pupri at Sitamarhi in connection with Complaint Case No.C/1/216/17, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T