Chandeshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25409 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================
1. Chandeshwar Rai son of Dhannu Rai Resident of village - Mansurpur, P.S. Sarai, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 344, 367, 368, 429 and 120B of the Indian Penal Code.
It is alleged that nephew of the informant namely, Mintu Rai is residing with the petitioner after death of the parents of Mintu Rai and, subsequently, this petitioner got the land of Mintu Rai transferred through a sale deed in the name of one Kundan Sah.
It is submitted by learned counsel for the petitioner that the land was transferred by Mintu Raiafter payment of full consideration amount whereas it is submitted by learned counsel for the
Patna High Court Cr.Misc. No.25409 of 2015 (2) dt.13-07-2015 2/2 informant that the petitioner failed to explain that from where Rs.22,4000/- was paid as consideration amount. Moreover, the executant Mintu Rai has submitted that he was forced to execute the sale deed.
Considering the nature of accusation and a statement made in para 3 of the petition that the petitioner has no criminal antecedent, let him be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur in connection with Sarai P.S. Case No.185 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T