Pritesh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.37450 of 2016 (3) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37450 of 2016 Arising Out of PS.Case No. -378 Year- 2016 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Pritesh Kumar S/o Late Ashok Singh resident of Mohalla - Gayatri Nagar, P.S. Sahayak Khanjanchi Hat, District Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Parwati Devi W/o Ramesh Singh Resident of village - Dimia Chatarjan, P.S. Sadar ( Muffasil ), District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 323, 504, 354, 420, 467, 465 and 120B of the Indian Penal Code.

Allegation is that the accused persons including the petitioner after hatching conspiracy and forgery sold the land of the informant through registered sale deed to other person. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Relating to the same property in question there was

Patna High Court Cr.Misc. No.37450 of 2016 (3) dt.14-12-2016 one more complaint case filed against the petitioner. The petitioner has been granted bail in the said case. The petitioner is neither the vendor nor the vendee. No wrongful loss or wrongful gain has been made on his part. The matter relates to civil dispute. No suit has been filed in respect to the property in question. On behalf of the State and the learned counsel for the complainant, it is submitted that the petitioner is named in the complaint petition.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pranav Kumar Bharti, learned Judicial Magistrate, 1st class, Purnea in connection with Complaint case No.378 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T