Deoraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46015 of 2019 Arising Out of PS. Case No.-1805 Year-2013 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== DEORAJ PASWAN Son of Raghuni Paswan Resident of Village- Kolauna, P.S.- Gurua, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KAMLESH PASWAN SURESH PASWAN Mohalla- Badrki Delha, P.S.- Delha, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kr. Jha, Advocate Mr. Satya Veer, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1805 of 2013, disclosing the offence under Sections 420, 406, 323, 506, 467, 468/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that only allegation against the petitioner is that he had introduced co-accused Suryamani Devi to the complainant whereafter the complainant had paid certain amount of money to Suryamani Devi as part of consideration amount against transfer of land. Said Suryamani Devi is said to have refused to execute the sale

Patna High Court CR. MISC. No.46015 of 2019(2) dt.25-07-2019 2/2 deed thereafter. It is also alleged that he has executed the sale deed in favour of someone else. Learned counsel for the petitioner submits that a dispute primarily or civil in nature has been given a colour of criminal case.

Be that as it may, considering the facts and circumstances noted above, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount to the satisfaction of the learned A.C.J.M.-III, Gaya in Complaint Case No. 1805 of 2013, Tr. No. 3230 of 2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T