Chandan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15044 of 2017 Arising Out of PS.Case No. -1611 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Chandan Kumar, S/o Umesh Prasad, resident of Village - Rupwara, P.S. - Karja, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raj Kumar Devi, W/o Sri Mishrilal Peti, resident of village - Kurhani, District - Muzaffarpur.

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

For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 1611 of 2015, Trial No. 1432 of 2015 instituted for the offence under Sections 420 and 504 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is identifier of the sale deed. The matter is purely civil dispute. One of the co-accused who is the deed-writer has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.02.2017 passed in Cr. Misc. 7787 of 2017. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.15044 of 2017 (2) dt.25-04-2017 2/2 weeks from today, in connection with Complaint Case No. 1611 of 2015, Trial No. 1432 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, Judicial Magistrate, 1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T