Rajendra Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59805 of 2017 Arising Out of PS.Case No. -933 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Rajendra Thakur, S/o Late Nand Lal Thakur, Resident of villageHasanpur, P.S.- Raniganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sita Devi, W/o Yogendra Thakur, resident of Vill.- Hasanpur, Ward No. 11, P.S. Raniganj, Distt.- Araria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Protest Complaint Case No. 933-C of 2016 instituted for the offence under Sections 420 of the IPC.
It has been submitted by the learned counsel for the petitioner that he is neither vendor nor vendee of the land. He has been made accused because he is father of one Jai Nandan Thakur, who got sale deed in favour of him from the husband of the complainant. In the complaint petition, it is alleged that Jai Nandan Thakur and Shankar Thakur got executed sale deed by husband of the complainant namely Yogendra Thakur with a view to grab the property of the complainant.
Patna High Court Cr.Misc. No.59805 of 2017 (2) dt.13-12-2017 2/2 As such, there is no specific allegation of overt act against this petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Protest Complaint Case No. 933-C of 2016 to the satisfaction of learned S.DJ.M., Araria subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.