Jitendra Kumar Singh @ Jitendra Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.53656 of 2015 (5) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53656 of 2015 Arising Out of PS.Case No. -545 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Jitendra Kumar Singh @ Jitendra Singh Son of late Chandrika Singh Resident of Village-Satjora, P.s- Pananpur, District Saran. .... .... Petitioner

Versus

1. The State of Bihar. null null

2. Musmat Chandrawati Kunwar W/o late Sunkhdeo Tiwary, D/o late Sarwa Tiwary Resident of Village- Gopalpur, P.s Basantpur, District Siwan, at present residing at Village- Satjora, P.s Panapur District Saran (Chapra) .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Kumar Dwijendra Pratap, Advocate For the Opposite Parties : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel for the State. The earlier bail application of the petitioner was rejected vide Cr.Misc.No.15651 of 2015 dated 08.06.2015 with the direction to the court below to conclude the trial within a period of one year. It has been submitted on behalf of the petitioner that he is in custody since 15.02.2015 and has remained in custody for more than fifteen months. The present case is triable by the Magistrate and the maximum sentence by the Magistrate could be imposed for a period of three years. Petitioner claims to be the bonafide purchaser of the land in question and denies the

Patna High Court Cr.Misc. No.53656 of 2015 (5) dt.18-05-2016 allegation of any fraud or cheating being named by him. On behalf of the State and the counsel for the Complainant, it has been submitted that the petitioner got a sale deed executed in his favour by cheating upon the complainant. A report was called for from the court below regarding the stage of the case which is at flag 'A' from where it appears that only four witnesses have been examined at the pre-charge evidence.

Considering the aforesaid facts and the circumstances and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Saran at Chapra in Complaint Case No.545 of 2013, Trial No.3146 of 2014.

(Sudhir Singh, J) B.Kr./- U T