Hawa Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21803 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Hawa Singh, son of Shri Hosiyar Singh, resident of 270, Barsan Panna, P.O. Tikri Kalan, P.S. Mundka, District West Delhi-41 .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anil Kumar Singh, son of late Ram Naresh Singh, resident of A9, Industrial Area, P.S. Industrial Area Buxar, presently residing at A-86, Gupta Enclave Vikas Nagar, New Delhi-110059 .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code.

One Anil Kumar Singh claiming to be resident of Buxar at present he is residing at Delhi has filed a complaint petition which was later registered as Buxar Industrial P.S. Case No.85 of 2016 for an offence under the aforesaid sections. Allegation has been made that complainant/informant is ready to purchase the land of the petitioner. He has given power of attorney to one Amarnath Shukla to the transfer the land and in pursuance thereof he has deposited certain amount of money and

Patna High Court Cr.Misc. No.21803 of 2017 (5) dt.16-04-2018 requested for execution of sale deed but neither the money has been given nor the said land has been executed in his favour. Learned counsel for the petitioner submits that a fraud has been played with the petitioner as he could not know that certain application has been filed before the Revenue Authority for on enquiry the petitioner came to know that the complainant along with others had applied for mutation of the said land in their favour whereafter Anil Kumar Singh has filed the present complaint case making an allegation for payment of part consideration amount.

This Court has issued notice to opposite party no.2 but he has not opted to appear in this case. This Court has already granted provisional anticipatory bail to the petitioner. In such view of the matter, the provisional bail granted to the petitioner vide order dated 7.7.2017 is hereby confirmed in connection with Buxar Industrial P.S. Case No.85 of 2016, pending in the court of the Chief Judicial Magistrate, Buxar. Vinay/- (Shivaji Pandey, J) U T