Md. Abul Kalam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62042 of 2017 Arising Out of PS.Case No. -2050 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Md. Abul Kalam, son of Haji Md. Kasim, resident of village- Saneha (Saneuha), P.S: Sanaula, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shekh Jumman, S/o Late Karu, R/o Village- Palwa, P.S.- Sanhaula, Dist.- Bhagalpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.2050 of 2016 instituted for the offence under Section(s) 323, 120-B, 420, 468, 467 Indian Penal Code.
Allegation in the Complaint Petition is that accused no.1, Most. Akhtari, had executed sale deed in favour of the petitioner on 05.11.2015. The Complainant has alleged that he has already entered into agreement for purchase of the aforesaid land with Bibi Podia on 02.07.1997. Accused no.1 has executed sale deed in favour of this petitioner after changing her name as Most. Akhtari.
In this manner, it is a matter of purely civil dispute.
Patna High Court Cr.Misc. No.62042 of 2017 (3) dt.06-03-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.2050 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Bhagalpur, subject to the conditions as laid down under Section 438(2) 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 date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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. (Sanjay Priya, J) JA/- U T