Gautam Kanaudia v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34574 of 2016 Arising Out of PS.Case No. -2769 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Gautam Kanaudia son of late Indra Kumar Kanaudia resident of Pushpanjali Plaza, P.S. Sri Krishnapuri, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rita Devi, wife of Vishwanath Singh, resident of Village- Demian Chhatrajan (Diwanganj), Police Station- Muffasil, Ranipatra, DistrictPurnea. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeeva Roy For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2016 Heard Sri Rajeeva Roy, learned counsel for the petitioner and learned A.P.P.
The sole petitioner apprehending his arrest in Complaint Case No. 2769 of 2015 registered for the offence under Section 323, 447, 467 and 504 of the Indian Penal Code has prayed for grant of anticipatory bail primarily on the ground that one of the accused having almost similar accusation namely Rupesh Kumar Agrawal who was arrayed as accused no. 3 in the complaint case has already been extended the privilege of anticipatory bail vide order dated 5.4.2016 vide Cr. Misc. No. 13447 of 2016. It has been argued that petitioner is a resident of
Patna High Court Cr.Misc. No.34574 of 2016 (2) dt.08-09-2016 2/3 Patna and he was interested to purchase some land in Purnea . He was shown some land by the broker namely Pritesh Kumar who has been arrayed as accused no. 7. Subsequently after payment of consideration money he got the land registered measuring 16 decimal 8 kari vide registered sale deed dated 10.4.2015. After the land was registered the petitioner tried to erect boundary over the land in question. Thereafter objection was raised and finally complaint case was filed. He submits that the alleged broker namely Pritesh Kumar has already been extended the privilege of anticipatory bail vide order dated 7.1.2016 vide Cr. Misc. No. 334 of 2016 .
Learned A.P.P. has opposed the prayer of grant of anticipatory bail.
However keeping in view the nature of accusation as well as the fact that in similar circumstances other accused namely Rupesh Kumar Agarwal against whom there was also allegation that he had got registered sale deed in his favour for land measuring 23 decimal 1 kari, has been extended the privilege of anticipatory bail , there is no reason to deny the prayer for anticipatory bail to the petitioner. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Gautam Kanaudia be enlarged on bail on
Patna High Court Cr.Misc. No.34574 of 2016 (2) dt.08-09-2016 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea / concerned court in connection with Complaint Case No. 2769 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T