Patna High CourtCR. MISC./32380/2014bail granted

Mumtaz Chand v. State Of Bihar And ANR

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32380 of 2014 Arising Out of PS.Case No. -718 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Mumtaz Chand, Son of Late Babu Jan , resident of Village ; Majhauli Khetal , P.S. Sadar , District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Hadish Ansari , son of Motiour Rahman , resident of village : Kabiya , P.S. : Kudhani , District - Muzaffarpur . .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 718 of 2013 registered for the offences punishable under Section 420 of the Indian Penal Code. Admittedly, petitioner executed sale deed of plot no. 456 having area of 4.35 decimals in favour of the complainant and complainant came in possession of his purchased land and got his name mutated. So far as, execution of sale deed to the wife of the petitioner is concerned, it is submitted on behalf of the petitioner that plot no. 465 is big plot and out of total area of 21 decimals

Patna High Court Cr.Misc. No.32380 of 2014 (2) dt.09-02-2015 2/2 only 4.35 decimals had been sold to the complainant and rest area was transferred in favour of the wife of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Muzaffarpur in Complaint Case No. 718 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U