Patna High CourtCR. MISC./3438/2015bail granted

Nagendra Kumar v. The State Of Bihar

2015-01-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3438 of 2015 (2) dt.27-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3438 of 2015 Arising Out of PS.Case No. -5 Year- 2014 Thana -HARIJAN District- PATNA ====================================================== Nagendra Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ambika Bhagat(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Cognizance has been taken under section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act, 1989 and sections 120B, 420, 406 of the IPC.

It appears from the contents of the complaint petition that petitioner and his brother executed an agreement for sale in favour of the informant but when deed of absolute sale was prepared and presented before the Registrar, petitioner and his brother left the registry office and absolute sale deed could not be registered in favour of the informant.

In the above stated facts and circumstances as well as submissions, application of provision of section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act, prima facie, appears to be doubtful and accordingly, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date

Patna High Court Cr.Misc. No.3438 of 2015 (2) dt.27-01-2015 of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Patna in SC/ST P. S. case no. 05/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T