Rizwan Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5809 of 2017 Arising Out of PS.Case No. -179 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Rizwan Ahmad, Son of Abdul Khalif @ Munna, resident of VillageIndrawa Sakir P.S. Gopalganj, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Manjhagarh P. S. Case No. 179 of 2015 instituted under Sections 420, 406, 467, 468, 471 and 120B of the Indian Penal Code.

The allegation, in brief, is that the petitioner (cousin of the complainant) and other co-accused Mohammad Fahad came to the house of the complainant and made a proposal to purchase a piece of land in Delhi and she paid 30% amount in advance for agreement with accused no. 5, the land owner and Rs.2 lacs was transferred by the husband of the complainant in the account of this petitioner, but ultimately the sale deed was not executed. It is submitted that the petitioner is not the owner of

Patna High Court Cr.Misc. No.5809 of 2017 (2) dt.08-02-2017 2/2 the land and he, being relative of the complainant, proposed her for purchase of the land and he is ready to return back the said amount of Rs. 2 lacs in the account of the complainant and he has no criminal antecedent.

Having considered the aforesaid facts and circumstances, subject to payment of the amount of Rs.2 lacs by the petitioner by way of demand draft to the complainant, let the petitioner, in the event of arrest or surrender before the court below within six weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Kumr Singh, Judicial Magistrate-1st Class, Gopalganj in connection with Manjhagarh P.S.Case No. 179 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U