Patna High CourtCR. MISC./1416/2016bail granted

Ajit Kumar @ Anit Kumar v. State Of Bihar And ANR

2016-01-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1416 of 2016 Arising Out of PS.Case No. -1985 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Ajit Kumar @ Anit Kumar S/o Amarnath, Resident of Ram Nagar, Nawada, P.S.- Nawada, Town & District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Basdeo Singh S/o- Late Ram Swarup Singh R/o- Gonawan, P.S. & DistNawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra, Adv For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 467, 468, 471, 420 and 120B/34 of the Indian Penal Code.

The prosecution case is that the complainant's father had executed sale deed with regard to a land in favour of his wife Puniya Devi and subsequently Puniya Devi had executed sale deed of the said land in favour of Asha Devi, wife of the complainant on 03.03.1983, but subsequently the dispute arose between Asha Devi and her mother-in-law Puniya Devi for

Patna High Court Cr.Misc. No.1416 of 2016 (2) dt.12-01-2016 which Title Suit No. 99 of 2008 was filed by Asha Devi which was decreed in favour of Asha Devi. Subsequently, Siya Devi the brother's wife of the complainant executed sale deed regarding land in question in favour of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is bonafide purchaser and the land in question has been registered on 05.06.2014.

Considering the accusation arising out of civil nature of dispute, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., at Nawada in connection with Complaint Case No. 1985 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U