Jumarati Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8222 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== JUMARATI MIAN S/o Late Bhola Mian Resident of Village-Ghora Sahan Bhagwanpur Kotwa, P.S.-Ghora Sahan, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ghorasahan P.S. Case no. 478 of 2023 instituted for the offence under Sections 406, 420/34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that the petitioner and others have taken consideration amount of Rs. 11,00,000/- in several installments from the informant regarding execution of a deed for land and house but neither he had executed the deer nor returned his money. They also threatened the informant of dire consequences.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.8222 of 2024(3) dt.19-04-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted vide para-8 of the petition that the real fact is that he had taken loan of Rs. 1,10,000/- from the informant and out of which, he returned amount of Rs. 70,000/- and only 40,000/- rupees remained. The informant in order to grab residential house, called the petitioner and obtained thumb impression on a blank paper and create forged document and implicated in this case. It is further submitted that the case is civil in nature. Other co-accused Md. Reyaz has already been enlarged on bail by this Court vide order dt. 4.1.2024 passed in Cr. Misc. No. 83724 of 2023. The petitioner has also got no criminal antecedents.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ghorasahan P.S. Case no. 478 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.8222 of 2024(3) dt.19-04-2024 3/3 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Sikrahna at Dhaka subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Amandeep/- U T