Patna High CourtCR. MISC./53399/2017bail granted

Muslim Ansari v. The State Of Bihar

2017-11-10Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53399 of 2017 Arising Out of P.S.Case No. -147 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ====================================================== Muslim Ansari .... .... Petitioner

Versus

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

For the Petitioner : Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate For the Opposite Party : Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 10-11-2017 Heard.

2. The petitioner apprehends arrest in connection with Fulwaria P.S.Case No.147 of 2017 registered for an offence punishable under Sections 323, 420, 467, 468 and 471/34 of the IPC.

3. The complainant has alleged that he took the petitioner to the bank for withdrawing money where this petitioner committed fraud and obtained her thumb impression on several papers and thereby got a document executed and registered with respect to her landed property in his name.

4. The learned counsel for the petitioner submits that the petitioner is a poor labourer and earns his livelihood at Riyadh. In support of his contention, he has filed copy of pass-port. On perusal of documents on record, it appears that the complainant executed

Patna High Court Cr.Misc. No.53399 of 2017 (2) dt.10-11-2017 2/2 registered deed of sale in favour of this petitioner with respect to 14 decimals of land for a consideration of Rs.2,50,000/-. The said document has been attested by the witnesses who are close relatives of the complainant as submitted by learned counsel for the petitioner. The allegation of cheating and creating fraudulent document appears omnibus and vague.

5. The learned APP opposed the submissions.

6. Considering the nature of allegation facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-XIII, Gopalganj in connection with Fulwaria P.S.Case No.147 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T