Amarendra Kumar @ Sanjay Singh @ Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69671 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== AMARENDRA KUMAR @ SANJAY SINGH @ AMRENDRA KUMAR Son of Late Rajdhari Singh, Resident of Village-Gahai, P.S.-Dhaka, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MANJU LAT Wife of Pawan Kumar Lat, Resident of Village-Purnahiya, P.S.-Ghorasahan, District-East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 400 of 2022 registered for the offence(s) punishable under Section(s) 417, 384, 323, 504 and 506 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner never cheated anyone including the complainant, in fact, he is a bonafide purchaser of the land in question and purchased the said land from the son of the complainant and the allegation made in

Patna High Court CR. MISC. No.69671 of 2023(2) dt.08-11-2023 2/3 complaint mainly attracts a civil wrong and moreover, the complainant earlier also filed a Complaint Case No. 392 of 2022 with the same nature of allegations against this petitioner and some others in which the petitioner was granted bail and thereafter she again filed the present complaint case and prior to filing of the complaint case of the present matter one namely, Mangal Prasad Kushwaha, who was also made an accused by the complainant in her earlier complaint case lodged Ghorasahan P.S. Case No. 252 of 2022 against the complainant and thereafter she firstly, filed the Complaint Case no. 392 of 2022 against the said co-accused, petitioner and others and thereafter she again filed the instant complaint case which shows malafide intention on her part.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that the complainant of the instant matter had earlier filed a complaint case with the same nature of allegation against this petitioner and others.

5. Considering the above submissions and mainly the fact that, the complainant of the present matter had earlier filed a complaint case bearing Complaint Case No. 392 of 22 against this petitioner and others in which the petitioner has been

Patna High Court CR. MISC. No.69671 of 2023(2) dt.08-11-2023 3/3 granted bail as submitted above, this court is inclined to accept his anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No. 400 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T