Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27020 of 2018 Arising Out of PS. Case No.-4328 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Ashok Singh, Son of Late Kashi Singh, Resident of Village-Koini, P.S. Manjhagarh, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467 and 468 of the IPC.

The prosecution case, as per the complaint petition filed by Munni Devi on 29.06.2016, is that the complainant is an illiterate lady and her husband used to reside out side the state for earning livelihood. On 06.05.2013, the accused persons came to the complainant's house and convinced her to purchase seventeen and half dhurs of land. Consequently, the complainant paid consideration amount of Rs. 1,22,000/-, but subsequently, the complainant came to know that the land in question is a Gairmajarua land.

Patna High Court Cr.Misc. No.27020 of 2018(2) dt.03-05-2018 2/2 It is submitted by learned counsel for the petitioner that the sale deed was executed in year 2013 and Khatiyan has been brought on record as Annexure-3, to suggest that the land in question is a raiyati land of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that thrust of accusation is against the petitioner.

Considering the delayed filing of the complaint and the accusation arising out of civil nature of dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Gopalganj in connection with Complaint Case No. 4328 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T