Chandar Ravidas @ Chandar Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46204 of 2023 Arising Out of PS. Case No.-1149 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== CHANDAR RAVIDAS @ CHANDAR MOCHI S/O BANSI CHAMAR R/O VILLAGE- MAHAULI, PS. NAWADA, DIST. NAWADA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
NIRMA KUMARI W/O ANKIT KUMAR R/O VILLAGE- MUSNA PAR, PS. GAURI CHAK, DIST. PATNA, AT PRESENT R/O VILLAGEGONAWA, PS. NAWADA, DIST. NAWADA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Advocate For the State :
Mr.Amitesh Kumar, A.P.P.
For the opposite party no.2 : N O N E ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice nobody appears on behalf of opposite party no.2.
2. The petitioner apprehends arrest in a complaint case punishable for the offence under sections 406, 420, 469, 341, 323, 354, 504, 506, and 120B of the Indian Penal Code.
3. It is alleged that after taking full consideration money of Rs. 3,30,000/-, this petitioner executed sale-deed in favour of opposite party no.2 and when opposite party no.2 filed an application before the Circle Offficer, Nawada for mutation of the land in question, she came to know that Khata number
Patna High Court CR. MISC. No.46204 of 2023(7) dt.08-07-2024 2/3 and Khesra number have wrongly been mentioned in the saledeed and thus, petitioner has cheated her. It is further alleged that when husband of opposite party no.2 asked the petitioner and other co-accused to return the aforesaid money, he was abused and threatened by the accused persons.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The land in question was in the name of petitioner's father, which petitioner got through partition in family and he was in full possession of the said land and as such he has validly sold the land in question to the opposite party no.2. Thus, petitioner has not committed any offence, as alleged by the complainant, rather he has been falsely implicated in this case. Moreover, the dispute is purely of a civil nature. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada in connection with Complaint Case No. 1149 of 2022,
Patna High Court CR. MISC. No.46204 of 2023(7) dt.08-07-2024 3/3 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/harshitaU T