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Patna High CourtCR. MISC./28427/2018dismissed

Ashok Kumar Mishra v. The State Of Bihar

2018-06-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28427 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -DULHIN BAZAR District- PATNA ====================================================== Ashok Kumar Mishra, son of late Ganesh Mishra, resident of village - Alipur, P.S. Dulhin Bazar, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Informant : Mr. Indra Mohan Kumar, Advocate : Mr. Ashutosh Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner, learned counsel for the Informant and the State.

The petitioner apprehends his arrest in Dulhin Bazar P.S. Case No.261 of 2017, instituted for the offence under Sections 467, 468, 471, 379, 506 and 120(B)/34 of the Indian Penal Code.

There is allegation in the written report that son of the informant has executed sale deed on 18.09.2017 with respect to land which was Stridhan of the informant, in favour of one Anil Kumar. It is further alleged that petitioner gave threat to the informant to kill her and her family members, when she raised objection.

Patna High Court Cr.Misc. No.28427 of 2018 (4) dt.22-06-2018 2/2 Learned counsel for the petitioner has submitted that he has filed a Title Suit No.51 of 2015 against the informant and others with respect to aforesaid land which is pending in the Court of learned Sub-Judge, Paliganj. It has further been submitted that the petitioner is own son of the informant. He always gave threat and misbehaved with the informant.

From the written report it is apparent that during pendency of the Title Suit filed by the petitioner, he has executed sale deed with respect to aforesaid land.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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