Ajay Kishore Dubey @ Ajay Dubey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20459 of 2016 Arising Out of PS.Case No. -1138 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Ajay Kishore Dubey @ Ajay Dubey son of Late Saraswati Dubey, Resident of village- Kunjalahi, P.S.- Nautan, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mundrika Shukla @ Sachidanand Shukla son of Late Fulan Shukla @ Late Surya Narayan Shukla, resident of village- Bansgaon, P.S.- Bhairoganj, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.
The petitioner apprehends his arrest in Trial No. 1123/2016 arising out of Complaint Case No. 1138C/2015, registered for the offences punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.
The petitioner executed a deed of agreement of sale and after receiving the consideration amount, he executed the sale deed. The present complaint case is filed only because petitioner in a mutation case deposed that he sold only five Kattha of land. It is submitted that deed of sale is in existence and petitioner has not challenged the genuineness of deed of sale. It is
Patna High Court Cr.Misc. No.20459 of 2016 (3) dt.19-07-2016 2/2 mere apprehension of the complainant that the petitioner sold only five Kattha of the land to him.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha in connection with Trial No. 1123/2016 arising out of Complaint Case No. 1138C/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T