Basuki Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5450 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -LODIPUR District- BHAGALPUR ====================================================== Basuki Mandal, son of Nakku Mandal, resident of village-Saramspur, P.S. Lodipur, District-Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Lodipur P.S. Case No. 85 of 2016 for the offences instituted under Sections 365, 347 and 348 of the Indian Penal Code. As per prosecution case, the informant has alleged that her son Sushil Mandal was abducted by Basuki Mandal and she had suspicion that he by assaulting him got her land transferred by executing sale deed in his favour.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The son of the informant has entered into an agreement with Arbind Singh to sell the land and in pursuance of said agreement, he has executed a deed of agreement dated 09.04.2016. The purchaser Arbind Singh and

Patna High Court Cr.Misc. No.5450 of 2017 (2) dt.06-02-2017 2/2 Sushil Kumar Jha have been allowed anticipatory bail by this Court vide order dated 19.01.2016 passed in Cr.Misc.No.47211 of 2016. The case of this petitioner is on better footing as he is neither party to the agreement nor has any concern with him and land in question.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Lodipur P.S. Case No. 85 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) B.Kr./- U T