Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4455 of 2021 Arising Out of PS. Case No.-3281 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== MITHILESH KUMAR Son of Magal Bhagat Resident of Village - Nauranga , P.S.-Amnaur, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinita Kumari W/o Krishna Pal, D/o Shankar Raj Pal @ Ramanand Resident of Village - Mauna Mishra Toli, P.S.- Chapra Town, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 3281 of 2018 instituted for the offence under Sections 420, 406, 467 and 468 of the Indian Penal Code. As per allegation in the FIR, complainant was lured by the accused persons including the petitioner for purchasing a piece of land and made advance of Rs. 7,50,000/- but the accused persons neither registered a sale deed not they returned their aforesaid amount.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.4455 of 2021(5) dt.23-03-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Agreement paper does not bear the signature of the petitioner. In respect of transaction of money, there is no supportive document. In fact, petitioner has not received a single penny from the complainant. This case is of purely a civil nature. Despite of notice issued upon the O.P. No. 2, she has chosen not to appear before the Court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 3281 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM XI, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U