Jiyauddin @ Md. Ziyauddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34565 of 2015 Arising Out of PS.Case No. -1731 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Jiyauddin @ Md. Ziyauddin Son of Nasaruddin Resident of Mohalla - Gewal Bigha, P.S. - Rampur, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kameshwar Prasad son of Late Lalji Prasad resident of Mohalla - Dukhharni Tower Chouk, B.N. Jha Road, Jaykaran Lal Gali, P.S. - Kotwali, District - Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 147,420,467,468,471,504 and 323 of the Indian Penal Code wherein process has been directed to be issued after cognizance being taken.

The prosecution case is that co accused Ram Bharat Sharma and Ram Sharan Sharma sold certain piece of land to the complainant and thereafter they sold the same land to Manorma Devi and Bindeshwari Prasad alias Bindi Yadav. The petitioner is also a purchaser of the land in question.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.34565 of 2015 (2) dt.02-09-2015 2/2 that the petitioner is a bonafide purchaser and the complainant retracted from the initial version and has filed a petition to that effect before the learned court below.

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 JM Ist Class, Gaya, in connection with Complaint Case No. 1731 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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