Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14920 of 2019 Arising Out of PS. Case No.-188 Year-2016 Thana- PALASI District- Araria ====================================================== Noor Mohammad Son of Late Haji Ali, Resident of Village - Shyampur Tola, Perwakhuri, P.S.-Palasi, District - Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is apprehending his arrest in connection with Palasi P.S. Case No. 188 of 2016 registered for the offences under Sections 323, 379, 406, 420, 504, 467, 468 and 120 (B) of the Indian Penal Code.

As per allegation the petitioner along with co-sharers agreed to sell his land bearing Khata No. 54 Plot No. 584 area 1-1/2 decs. in favour of informant. But this accused after taking Rs. Two lacs from the informant as consideration money executed a sale deed for a land bearing Khata No. 54 Plot No. 583 which belongs to one Ishak. When the informant came to know that the accused has executed sale deed for the land of other person, demanded his money then the accused persons

Patna High Court CR. MISC. No.14920 of 2019(2) dt.14-03-2019 2/2 started abusing him and drove him away from there. Learned counsel for the petitioner submits that present F.I.R. has been instituted on the basis complaint petition filed by complainant/informant. It is further submitted that petitioner is an illiterate person and was not aware of the fact that a mistake has been done by the scribe while executing the sale deed. It is further submitted that complainant/informant filed a compromise petition in the court below after the sale deed was corrected as per earlier agreement by the petitioner.

Considering the facts and circumstances of the case wherein it is submitted that the sale deed has already been corrected and the parties have compromised the case, let the petitioner above named, in case of his arrest or surrender within a period of four weeks from today in connection with Palasi P.S. Case No. 188 of 2016, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/-ved U T