Anand Pathak @ Kariya Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4970 of 2016 Arising out of PS. Case No. -1573 Year- 2015 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Anand Pathak @ Kariya Pathak, Son of Madan Pathak, alias Mahesh Pathak, resident of Village- Barka Dumra, P.S.- Ara Mufassil, DistrictBhojpur. Presently residing at Village Chandwa, P.S.- Ara Nawada, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anil Kumar, S/o Late Badri Prasad, Vill- Barka Dumra, P.S. Ara (M), District- Bhojpur.

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

For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-03-2016 Heard the parties.

The petitioner apprehends arrest in connection with Complaint Case No. 1573(c) of 2015 for offences punishable under Section 420 of the Indian Penal Code.

The allegation against the petitioner is of executing a sale deed in favour of the complainant on 25.7.2014 even when the same piece of land was already transferred by the petitioner in favour of his wife on 26.11.2008. The two transactions are not being disputed by the petitioner rather it is stated that the petitioner is mentally unstable and is undergoing treatment in the Deaddiction-cum-Rehabilitation Centre.

Patna High Court Cr.Misc. No.4970 of 2016 (2) dt.17-03-2016 No case for anticipatory bail is made out. The application is disposed of.

The petitioner should surrender before the court below and pray for regular bail which should be considered on its own merit and be disposed of without being prejudiced by the order passed in the present proceedings.

(Jyoti Saran, J) S.Sb/- U T