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Patna High CourtCR. MISC./19768/2015bail granted

Anil Kumar Choudhary v. The State Of Bihar

2015-09-24Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19768 of 2015 Arising Out of PS.Case No. -218 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Anil Kumar Choudhary son of Late Pradeep Narayan Choudhary resident of village- Kathotia, Police Station Krityanand Nagar, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is apprehending his arrest in connection with Complaint Case no. C.R. 218 of 2013 registered under Sections 420 and 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner being brother of the complainant took power of attorney for sale of land belonging to the complainant and after executing sale deeds in favour of his wife and sister did not pay the consideration money to the complainant. Learned counsel for the petitioner further submits that for the same cause of action complainant had filed a Title Suit for executing sale deed which is pending for adjudication in the court of Sub-Judge, Purnea. Be that as it may, the matter is of civil dispute and other accused persons, namely, Mina Kumari, Ritesh Kumar and Nilesh Kumar have been extended privilege of anticipatory bail in Cr. Misc. no. 15390 of 2015 vide order dated 16.4.2015.

Patna High Court Cr.Misc. No.19768 of 2015 (3) dt.24-09-2015 2 / 2 Considering the aforementioned facts and in view of the fact that Title Suit is already pending, let petitioner above named, in the event of arrest or surrender within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Darbhanga, in connection with Complaint Case No. C.R. 218 of 2013, T. R. no. 3717 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) sudip/- U T