Patna High CourtCR. MISC./48960/2019bail granted

Dipan Sahni v. The State Of Bihar

2019-08-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48960 of 2019 Arising Out of PS. Case No.-2203 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== DIPAN SAHNI S/o Late Musai Sahni Resident of Village and P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshuman Jaipuriyar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case CA 2203 of 2017, Tr. No. 2135 of 2018 disclosing the offence under Sections 420, 467, 468, 120-B, 471, 406 of the Indian Penal Code.

Allegedly, the petitioner had executed sale deed in favour of the complainant in respect of land of area 4 decimals of Khata No. 951. It is his case that though there is no land left in Khata No. 951, the petitioner is executing sale deeds in respect of lands of the said khata.

Learned counsel for the petitioner appears to be correct in his submission that the dispute, which the petitioner is

Patna High Court CR. MISC. No.48960 of 2019(2) dt.06-08-2019 2/2 raising, is purely of civil in nature and no offence can be said to have been made out under various provisions of the IPC which have been levelled in the complaint case.

Considering the above, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in C.A. Case No. 2203 of 2017, Tr. No. 2135 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T