Sudhansu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63142 of 2018 Arising Out of PS. Case No.-921 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Sudhansu Kumar Son of late Ramodit Sah Resident of Mohalla- Hajipur, Ward No.19, Post Office+Police Station+District- Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sulochana Devi Wife of Arvind Kumar Resident of Mohalla- Thana Chowk, Khagariya, P.S.+District- Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Wadood, Adv.

Mr. Braj Kishore Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. 921C/2017, registered for the offences punishable under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

The complainant has already filed Eviction Suit No. 3/2012 against the petitioner in the Court of learned Sub-Judge I, Khagaria. The petitioner appeared in the suit and has filed written statement denying the relationship of landlord and tenant and admitting that in fact, the relationship is Bhabhi and Dewar between the parties.

Patna High Court Cr.Misc. No.63142 of 2018(4) dt.09-01-2019 2/2 Learned counsel for the complainant opposes the prayer for bail of the petitioner on the ground that the petitioner has obtained T.I.N. no. etc. showing the said house as his own which is fraudulent and dishonest act of the petitioner. If the claim of the complainant that the purchased house is in the name of complainant, is correct, no one can claim title over that.

Considering the background and nature of allegation, let the petitioner above-named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 921C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) vinita/- U T