Sanaullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44479 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Sanaullah, Son of Md. Muslim, Resident of Village - Rampur Kodar, P.S.- Kesariya, Distt - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 241 of 2018 registered under Sections 341, 323, 379, 420, 504 and 506/34 of the Indian Penal Code.

The accusation is that this petitioner become ready to sell his 16 dhur land to the informant, which is adjacent to his house and he gave consideration amount of Rs.3,00,000/- to the petitioner. In spit of assurance given by the petitioner, the sale deed has not been executed in his favour and the consideration money has also not been returned to him. Thereafter, in the evening of 17.06.2018, when his wife, Haseena Khatton was

Patna High Court CR. MISC. No.44479 of 2019(2) dt.19-07-2019 2/3 sitting at her Dalan then petitioner along with his wife Anwari Begam and Md. Sakib entered in her Dalan and started to abuse and caused injury to her and also denoting her Dyan. At that time, Md. Sakib pressed her neck with intention to kill her. On raising alarm, they snatched gold ear ring from the wife of the informant and Md. Sakib took box containing papers and cash of Rs.4000/-.

Learned counsel for the petitioner submits that while it is alleged in the F.I.R. that informant had given Rs.3,00,000/- to the petitioner as consideration amount to sale the land, which is adjacent to the house of the informant, but no any chit of paper has been produced by the informant showing the receipt of consideration money taken by the petitioner and petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Kesariya P.S. Case No. 241 of 2018, subject to the condition as

Patna High Court CR. MISC. No.44479 of 2019(2) dt.19-07-2019 3/3 laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T