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Patna High CourtCR. MISC./33116/2019allowed

Jitendra Kumar v. The State Of Bihar

2019-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33116 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- RAHUI District- Nalanda ====================================================== Jitendra Kumar, aged about 30 years, (Male), Son of Devendra Singh, Resident of Village - Imamganj, P.S.- Soh Sarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 477/34 of the Indian Penal Code. From the FIR, it appears that the land was standing in the name of one Shyama Devi, but the money was transferred in the name of Anita Devi whereas the Land Possessions Certificate was granted in favour of both of them. Later on, a plea was taken that the land Possession Certificate was given on account of the fact that Shyama Devi was found dead, but during enquiry, it transpired that Shyama Devi was alive. When the compensation money has come to the account of Anita Devi, she transferred Rs. 2 lacs in the account of the present petitioner. Learned counsel for the petitioner submits that as and when he knows about credit of an amount of Rs. 2 lacs in his

Patna High Court CR. MISC. No.33116 of 2019(3) dt.22-08-2019 2/2 account, he immediately wrote a letter to the Bank Manager for debiting of the said amount from his account. He further submits that the petitioner has no role or connection with either Shyama Devi or Anita Devi. Learned counsel for the petitioner further submits that the co-accused has been granted bail by the Coordinate Bench of this Hon'ble Court in Cr. Misc. No. 17362 of 2019 dated 26.03.2019.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 10 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T