Amir Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5522 of 2019 Arising Out of PS. Case No.-476 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Amir Khan son of Ekaramuddin Khan, Resident of village-Chhota Bariyarpur, Police Station-Chhatauni, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-01-2019 Heard both sides.
The petitioner apprehends his arrest in Motihari Town P.S. Case No.476 of 2018 registered under Sections 406, 420, 120B and 34 of the Indian Penal Code.
The informant alleged that the petitioner purchased 5 katha from the informant on 30.04.2018 but the petitioner fraudulently got a deed of agreement for sale executed from the informant without paying any amount.
Learned counsel for the petitioner submits that the petitioner purchased 5 katha land out of 14 katha from the informant and the petitioner also advanced part of the consideration money for the rest land and the informant executed a deed of agreement for sale. If the deed of agreement
Patna High Court Cr.Misc. No.5522 of 2019(2) dt.31-01-2019 2/2 for sale is forged or illegal, the informant has got proper remedy in the suit but she filed the present case only to put undue pressure on the petitioner so that the petitioner may give up his legitimate right.
Having considered the facts aforesaid and the fact that the dispute is of civil nature, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Motihari Town P.S. Case No.476 of 2018 (G.R. No.4863 of 2018), subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U