Patna High CourtCR. MISC./11863/2015bail granted

Sk. Jogi v. State Of Bihar And ANR

2015-03-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11863 of 2015 Arising Out of PS.Case No. -17 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Sk. Jogi Son of Late Bhuttan R/o Village Salehpur Maheshpur, P.S. Falka Via Pothia, P.O. Salehpur maheshpur, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md Asif S/o Late Md Maqbul R/o Village Salehpur Maheshpur, P.S. Falka District Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshuman Jaipuriyar For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-03-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420 and 467 of the Indian Penal Code.

It is alleged that the complainant purchased the land in question on 9.10.1990 and 28.2.2007 though the petitioner claims to have purchased the same land from Tajuddin and Abdul Aziz who had no title.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.11863 of 2015 (2) dt.23-03-2015 2/2 the petitioner purchased the land on 14.12.1999 from the title holder of the land and purchase of the complainant is subsequent to the petitioner. Sale deed of the petitioner has not been challenged before the appropriate forum till date and the vendor of the petitioner has not been made accused. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, 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 twelve 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 learned C.J.M., Katihar in connection with Complaint Case No. 17 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T