Rukhsar Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17650 of 2023 Arising Out of PS. Case No.-977 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RUKHSAR SHEKH S/O- YUNUS SEKH Mohalla- Faridi Katra Pakki Sarai Road Ps- Nagar Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP For the Informant :

Mr.Shanti Bhushan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in connection with Muzaffarpur Nagar P.S. Case No.977/2022, registered for the offence punishable u/s 420, 467, 468, 471, 406 of the IPC. As per the prosecution case, the informant gave Rs.17,50,000/- to the petitioner for purchasing his house but despite several requests, the sale deed was not executed in the name of informant. Thereafter, all the FIR named accused persons including the petitioner with intention to cheat the money of informant, sold the land and house to another person. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.17650 of 2023(3) dt.26-06-2023 2/3 has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Informant paid Rs.17,50,000/- for execution of sale deed of a land and agreement between the parties was made. In the agreement, it was mentioned that petitioner has paid all the amount before 31.03.2021 but informant has not paid the same, thereafter, the petitioner sold the said land after eight months to another person. It is further submitted that the matter relates to civil dispute. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that it is an admitted position that the informant has paid Rs.17,50,000/- to the petitioner but the said money has not been returned by the petitioner.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the

Patna High Court CR. MISC. No.17650 of 2023(3) dt.26-06-2023 3/3 learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that there is a civil dispute between the parties. (Anjani Kumar Sharan, J) pallavi/- U T