Pramod Kumar Tiwari @ Pramod Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41636 of 2018 Arising Out of PS.Case No. -999 Year- 2017 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Pramod Kumar Tiwari @ Pramod Tiwari, S/o Late Ghanshyam Tiwari, R/o Mohalla- Lal Bagh, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pinki Devi, W/o Mahabir Yadav, R/o Vill.- Masaru, P.S.- Sabour, District- Bhagalpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s: Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.999 of 2017 instituted for the offence under Section(s) 420, 323, 504 Indian Penal Code.

Counsel for the petitioner submits that petitioner is Halka Karamchari. There is no allegation of committing fraud against this petitioner.

Complainant has alleged that co-accused, Arjun Singh, has executed sale deed with respect to the land in her favour on 14.11.2011. Later on, she learnt that Arjun Singh has again executed sale deed for the same land on 17.09.2012 in favour of Munni Devi and the land has been mutated in her name.

Patna High Court Cr.Misc. No.41636 of 2018 (2) dt.18-07-2018 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.999 of 2017, 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 Chief Judicial Magistrate, 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