Motilal Prasad @ Motilal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20417 of 2017 Arising Out of PS.Case No. -862 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Motilal Prasad @ Motilal Sah S/o Late Ganesh Sah R/o Chanpatiya, P.S. - Chanpatiya, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ayodhya Prasad S/o late Jugeshwar Prasad R/o Village - Chanpatiya, P.S. Chanpatiya, Dist - West Champaran.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in Complaint Case No.862 (C) of 2014 for the offence under Sections 467, 468 and 120(B) of the I.P.C.

Allegation in the complaint petition is that the petitioner purchased the same property, which was of the complainant, from a non-title holder and as such. cheated to the complainant.

Learned counsel for the petitioner submits that, in fact, the petitioner has been cheated in transaction because petitioner's wife is purchaser from a non-title holder. It is further

Patna High Court Cr.Misc. No.20417 of 2017 (3) dt.17-05-2017 2/2 submitted that similarly situated co-accused Munni Devi, has already been granted anticipatory bail vide order dated 24.03.2017 passed by a coordinate Bench of this Court in Cr.Misc. No.12927 of 2017.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Wasim Akaram Khan, J.M. 1st Class, West Champaran, Bettiah, in Complaint Case No.862c/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Arvind Srivastava, J) AnilKrSinha/- U T