Madhurendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47258 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Madhurendra, Son of Late Ramapati Singh, R/o Mohalla- Mithanpur, B Area, Ajij Lane, P.S.- Jakkanpur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratnesh Kumar Singh, Advocate. For the informant : Mr. Rajiv Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jakkanpur P.S. Case No. 97 of 2017, G.R. No. 2432 of 2017 instituted for the offence under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.
It is alleged in the written report that the petitioner sold the combined family property as mentioned in the written report by showing himself as son of late Rajendra Pratap Singh vide sale deed No. 7112 dated 01.11.1999 without consent of other family members. When the family members went to enquire about the aforesaid sale deed in Mithapur house, the petitioner got agitated and threatened them to implicate in false case. Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.47258 of 2017 (2) dt.12-10-2017 2/3 informant is cousin of the petitioner. This case has been filed on account of civil dispute.
From the written report itself it appears that alleged sale deed has been executed in the year 1994 whereas the case has been filed in 2017.
Learned counsel for the informant has appeared and opposed prayer for anticipatory bail.
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 weeks from today, in connection with Jakkanpur P.S. Case No. 97 of 2017, G.R. No. 2432 of 2017, 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 learned ACJM-cum-Sub Judge-I, Patna, 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
Patna High Court Cr.Misc. No.47258 of 2017 (2) dt.12-10-2017 3/3 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