Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75697 of 2019 Arising Out of PS. Case No.-1553 Year-2013 Thana- COMPLAINT CASE District- Araria ====================================================== ASHOK SAH Son of Late Laxmi Sah Resident of Village - Araria, R.S., Ward No.4, P.S.- Araria R.S., Dist.- Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Abu Zaffar Son of Abdul Hatim Resident of Village - Araria, Islamnagar, Ward No.26, P.S.- and Dist.- Araria.

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

For the Petitioner/s :

Mr.Mallika Mazumdar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 1553-C of 2013 registered for the offence punishable under Sections 323, 341, 420, 406 and 504 of the Indian Penal Code.

The allegation is that the complainant is alleged to have agreed to purchase a land from the petitioner and for that purpose, had given a sum of Rs. 2,28,000/- in advance, however, subsequently, the petitioner refused to execute a sale deed in favour of the complainant.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75697 of 2019(3) dt.20-12-2019 2/2 petitioner is innocent, he is having a clean antecedent and there is no proof of any money having been given by the complainant to the petitioner, hence, a false case has been lodged by the complainant.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Complaint Case No. 1553-C of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T