Aathif Hussain @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64059 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== AATHIF HUSSAIN @ MUNNA, aged about 45 years, Male, Son of Late Aashique Hussain, Resident of Motipur, P.S.- Kurtha, District- Arwal ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anita Kumari Singh, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kurtha P.S. Case No. 4 of 2019 registered under Sections 406, 420, 506 and 34 of the Indian Penal Code.

The accusation is that petitioner, Aathif Hussain @ Munna, entered into an agreement to execute the sale deed in respect to 18 ft x 122 ft land to Sunil Kumar and also took cash of Rs.25000/- and three cheques of Rs.2,00,000/-, Rs.1,50,000/- and Rs.1,00,000/- in the name of his wife, Tabasum Ara, were issued and amount of cheques credit in her account. The other named accused also asked Aathif Hussain @ Munna for execution of sale deed, but, did not pay any heed to execute the same deed in terms of the agreement.

Learned counsel for the petitioner submits that in fact

Patna High Court CR. MISC. No.64059 of 2019(2) dt.18-10-2019 2/2 deed of agreement to sale was executed by the petitioner in respect to 13 ft x 22 ft land and money, as detailed in the first information report, was received by the petitioner, but, informant by manipulation inserted the measurement of the land as 18 ft x 122 ft. More over, the petitioner is ready to return the money as received by his wife and if the informant wants to get the sale deed executed, the petitioner is ready to execute the sale deed in respect to land of 13 ft x 22 ft, which is in his share. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kurtha P.S. Case No. 4 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T