Kaushal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38278 of 2015 (3) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38278 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ====================================================== Kaushal Kumar, Son of Sri Baban Sharma, resident of Village- Imalia, Police Station- Kako in the district of Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

The petitioner apprehends his arrest in Parasbigha P.S. Case No. 133/2014, registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code. The informant alleged that Mamta Kumari and her husband offered to sell a piece of land of Khata No. 514/218, Plot no. 1192/3078 and other plots on consideration of Rs. 71, 53,000/- The informant gave Rs. 15,00,000/- through Bank-draft and Rs. 2,51,000/- after receiving acknowledgement of receipt of money. It is submitted that the petitioner is a witness of the deed of agreement to sell. The petitioner did not receive any money from the informants. It is further submitted that a Title Suit no. 244/2014 is pending for the execution of the sale-deed. Mamta Kumari, in whose name the lands stand, has already been

Patna High Court Cr.Misc. No.38278 of 2015 (3) dt.14-12-2015 granted anticipatory bail vide order passed in Cr. Misc. No. 9941/2015.

Considering the facts aforesaid and the fact that the petitioner is only a witness of deed of agreement to sell, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 133/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T