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Patna High CourtCR. MISC./36342/2015disposed

Bipat Yadav @ Dhanpat Yadav v. State Of Bihar And ANR

2015-09-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36342 of 2015 Arising Out of Complaint Case No.. -604 Year- 2007 Thana -KHAGARIA COMPALINT CASE District- KHAGARIA ====================================================== Bipat Yadav @ Dhanpat Yadav, Son of Late Bano Prasad Yadav .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nago Yadav, Son of Banke Yadav .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code. It is alleged that the petitioner entered into an agreement to sale 2 Bighas 11 Katha of land, but the petitioner executed the sale deed for only half portion of the land and sold rest half portion of the land to one Vidyanand Yadav, the brother of the petitioner.

Learned counsel for the petitioner submits that in fact the agreement was only for sale of half of the land of entire area of 2

Patna High Court Cr.Misc. No.36342 of 2015 (2) dt.09-09-2015 2/2 Bighas 11 Katha and the petitioner is 81 years old person. He further submits that even assuming the accusation, no offence under sections 420 and 467 IPC is made out.

The aforesaid facts may constitute good ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.604 C of 2007, pending before the learned Judicial Magistrate, 1st Class, Khagaria. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T .