Md. Reyasuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54094 of 2016 Arising Out of PS.Case No. -1187 Year- 2010 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Reyasuddin, S/o Late Faquir, resident of village Manjhili, P.SW. Baisi, District- Purnea .... .... Petitioner

Versus

1. State of Bihar

2. Md. Kasim, S/o Shafique, resident of Manjhaliya, P.S. Baisi, DistrictPurnea .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Mallick, Advocate For the Opposite Parties : Mr. Sri Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel representing the State.

The petitioner apprehends his arrest in connection with C.A. Case No. 1187 of 2010, registered for the offences punishable under Sections 467, 468, 471, 420 and 406 of the Indian Penal Code.

The complainant filed complaint petition making allegation against Reyasuddin, Md. Mohsin and Md. Mustafa which was sent to K. Hat P.S. for institution of case and after completing investigation I.O. submitted final form and on the basis of protest petition cognizance has been taken. Submission is of false implication and that the wife of Md. Mohsin, son of the petitioner is living with her husband so the question of paying the Maihar amount does not arise, other

Patna High Court Cr.Misc. No.54094 of 2016 (4) dt.02-03-2017 2/2 allegations as made in the protest complaint petition appears purely of civil nature, no criminal offence as alleged is made out and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the complainant opposes the prayer of pre-arrest bail by submitting that the petitioner in collusion and conspiracy has knowingly and dishonestly cheated complainant and his sister Nikhat as the land which was sold earlier was sold to one Husan Ara and Md. Tahir.

In the facts and circumstances as stated above, considering the nature of dispute, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Sri R. V. Kumar, learned Judicial Magistrate 1st Class, Purnia, in connection with C.A. Case No. 1187 of 2010, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T