Raj Kumar Bajaj v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34375 of 2016 Arising Out of PS.Case No. -2769 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Raj Kumar Bajaj son of Late Sitaram Bajaj Resident of Flat No. 102, Sundaram Block, Mansarovar Garden, Fraser Road, Patna, Police StationKotwali, Town & district- Patna. .... .... Petitioner
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 Parties ====================================================== Appearance :
For the Petitioner : Mr. Rajeeva Roy, Advocate For the State : Mr. Sri Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 17-09-2016 I have heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in a case registered for offences punishable under Section 323, 447, 467 and 504 of the Indian Penal Code.
As per allegation three sale deeds were executed, one in favour of the petitioner, second in favour of co-accused Gautam Kanaudia and third against in favour of co-accused Rupesh Kumar Agarwal.
Substance of allegation is that somebody has impersonated the complainant and her Gotani and had executed
Patna High Court Cr.Misc. No.34375 of 2016 (2) dt.17-09-2016 2/3 sale deeds.
It is contended on behalf of the petitioner that the land dealer Pritesh Kumar was instrumental in execution of sale deeds and the petitioner was under the impression that he was purchasing land from a bona fide land owner. It is further urged that other two co-accused, who have also purchased lands and have identical allegation against them namely, Gautam Kanaudia and Rupesh Kumr Agarwal have already been granted privilege of anticipatory bail by a different co-ordinate Benches of this Court vide order dated 8.9.2016 passed in Cr. Misc. No. 34574 of 2016 and vide order dated 5.4.2016 passed in Cr. Misc. No. 13447 of 2016 respectively. Copies of the orders have been produced at the time of hearing.
Having regard to the facts and circumstances of the case and also the fact that other similarly situated co-accused persons have been granted anticipatory bail and co-accused Pritesh Kumar has also been granted anticipatory bail vide order dated 7.1.2016 passed in Cr.Misc. No. 334 of 2016, let the above named petitioner be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 2769 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like
Patna High Court Cr.Misc. No.34375 of 2016 (2) dt.17-09-2016 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Purnea subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Spd/- U T