Bambam Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.41311 of 2014 (02) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41311 of 2014 Arising Out of PS.Case No. -1469 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ====================================================== Bambam Mandal .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. P.K.Choursiya-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Land which had already been sold away by the father of the petitioner in favour of Baleshwar Mandal was re-conveyed by the petitioner in favour of complainant on 27.07.2011 for which, instant prosecution has been launched on 25.09.2013. It has been submitted on behalf of petitioner that from perusal of the complaint petition, it is manifest that complainant knowingly, intentionally withheld the subsequent event in between 2011 to 2013 and further only to coerce the petitioner has filed instant case. Furthermore, it is also apparent from the complaint petition itself that his father had sold away the land showing him a minor and in the aforesaid background, the subsequent event whereunder land has been sold in favour of

Patna High Court Cr.Misc. No.41311 of 2014 (02) dt.04-03-2015 complainant, is ultimately fit to be adjudged under proper civil suit. Apart from this, it is also apparent from the complaint petition that petitioner had not offered nor deceived the complainant.

On the other hand, learned Additional Public Prosecutor opposed the prayer.

In the facts and circumstances of the case, petitioner Bambam Mandal is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shyamal Kumar, Judicial Magistrate, 1st Class, Jamui/ successor in office in connection with Complaint Case no.1469C of 2013, in terms of condition laid down under Section 438(2) of the Cr.P.C. in event of his arrest or surrender within four weeks from today.

(Aditya Kumar Trivedi, J) Vikash/- U T