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Patna High CourtCR. MISC./31603/2017bail granted

Qurban Ali v. State Of Bihar And ANR

2017-07-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31603 of 2017 Arising Out of PS.Case No. -527 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Qurban Ali, son of Late Md. Sultan, Resident of Village- Phulbasti, Police Station- Kishanganj, District- Kishanganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rahim Khatun, D/o Shahabuddin Kaum Shershahbadi, Resident of Village- Samda, Post office, Kishanganj, P.S.- Kishanganj, DistrictKishanganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kishanganj P.S.Case No. 527 of 2016 registered for the offences punishable under Sections 420, 467, 468 and 406/34 of the Indian Penal Code.

Allegation against the petitioner is that informant got a sale-deed executed by the petitioner and page Rs.60,000/- to him and rest of the money to one Javed. However, later on he came to know that some part of land belongs to some other person, as such, the present case is lodged.

It has been submitted on behalf of the petitioner that this relates to civil dispute and there is no criminal liability against the petitioner and he is in custody for six months. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.31603 of 2017 (2) dt.14-07-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S.Case No. 527 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U