Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42201 of 2016 Arising Out of PS.Case No. -296 Year- 2014 Thana -SIWAN CITY District- SIWAN ====================================================== Rajesh Kumar Singh son of Lal Bahadur Singh resident of Mauza Pagur Kothi, P.S. Pachrukhi, District Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Siwan Town P.S. Case No. 296 of 2014, disclosing offences under Sections 423, 424, 420, 467, 468, 471, 506 and 120B of the Indian Penal Code.

A complaint case filed by the informant is the basis for registration of the First Information Report. It is alleged that the petitioner executed a sale deed in favour of co-accused Bibi Khatoon Nisha with respect to the land which belongs to the informant.

Learned counsel for the petitioner has submitted that, as a matter of fact, the petitioner is the owner of the land and there is

Patna High Court Cr.Misc. No.42201 of 2016 (3) dt.18-10-2016 2/2 no fraud in execution of the sale deed by him in favour of Bibi Khatoon Nisha. He has also submitted that it is a matter of purely civil dispute between the parties.

Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 296 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T