Patna High CourtCR. MISC./22041/2017bail granted

Md. Sharif @ Sharif Mian v. State Of Bihar And ANR

2017-05-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22041 of 2017 Arising Out of PS.Case No. -723 Year- 2006 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Md. Sharif @ Sharif Mian son of late Noor Mohammad resident of mohalla Nashariganj Mithila Colony, P.S. Danapur, Dist - Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Diwali Mahto son of late Ramchander Mahto resident of mohalla Nashriganj, P.S. Danapur, Dist - Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bindeshwar Prasad Singh, Adv. For the Opposite Parties : Mr. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 384 and 341 of the Indian Penal Code.

The entire allegation is in the background of agreement to sale between the complainant and the coaccused. Allegation is that the petitioner and others forcefully took the com on a motorcycle and got money receipt from him that he has received entire consideration money on the point of pistol and threatened to execute the sale deed.

The learned counsel for the State opposed the prayer on the ground that the petitioner is absconding in the case since last 11 years.

Patna High Court Cr.Misc. No.22041 of 2017 (2) dt.18-05-2017 2/2 Annexure 2 reveals that there is no service report of any process against the petitioner in this case in the past.

Considering the nature of allegation, which is based on complaint petition, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 723C of 2006 to the satisfaction of Sri Kumar Madhvendra Judicial Magistrate, 1st Class, Danapur, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √