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Patna High CourtCR. MISC./66919/2022dismissed

Pundeo Rai v. The State Of Bihar

2023-01-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66919 of 2022 Arising Out of PS. Case No.-227 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PUNDEO RAI S/O SIYARAM RAI Resident of village- Bijbano Tola Baluwa P.S.- Jitna District- East Chamapran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Complain Case No.227 of 2020, registered for the offence punishable under section 420 of the Indian Penal Code. The allegation against the petitioner is that he created gift deed of five khata land from the mother of the informant in his favour.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that the petitioner is own nephew of the informant's mother and she has executed one gift deed in his favour. He further submits that for

Patna High Court CR. MISC. No.66919 of 2022(2) dt.19-01-2023 2/2 the sake of argument if the prosecution story is true, then it is pure civil dispute and no criminal offence is making out. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner has executed sale deed in his favour from the mother of informant by way of forgery.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T