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Patna High CourtCR. MISC./50322/2018allowed

Ataur Rahman Ansari @ Atiur Rahman Ansari v. State Of Bihar And ANR

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50322 of 2018 Arising Out of PS. Case No.-179 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ataur Rahman Ansari @ Atiur Rahman Ansari, S/o Md. Yunus Ansari, Resident of Village- Tajpur Saraiya, P.S.- Tetariya, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Afsana Khatoon, W/o Md. Salim, Resident of Village- Madhuban, P.S.- Madhuban, District- East Champaran.

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

For the Petitioner/s :

Mr. Sunil Kumar No.Iii For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Complaint Case No. 179/2017 for the offence under Sections 406, 420, 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedent. The present case arises out of a complaint filed by opposite party no. 2. From perusal of the complaint it appears that some dispute with regard to agreement for sale and in the process the complaint has been lodged alleging that the petitioner has duped the informant and committed fraud.

Considering the totality of the fact situation, this

Patna High Court Cr.Misc. No.50322 of 2018(3) dt.14-12-2018 2/2 application is allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to 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 the Addl. Chief Judicial Magistrate I, East Champaran, Motihari in connection with Complaint Case No. 179/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the condition that the petitioner shall not sell the landed property in question without prior permission of the trial court. (Anil Kumar Upadhyay, J) mrl./- U T