Ravindra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45858 of 2018 ======================================================
1. Ravindra Kumar S/o Kamleshwar Singh, R/o Vill.- Rahimapur, P.S.- Bidupur, Distt.- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Khushbu Devi W/o Sanjeev Kumar, R/o Vill.- Asadpur Satpura, P.S.- Bhagwanpur, Distt.- Vaishali.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Complaint Case No. 748/2017, instituted for the offences punishable under Sections 120(B), 467, 468, 471 and 420 of the Indian Penal Code. Allegation against this petitioner is that he got executed sale deed with respect to the land as mentioned in the complaint petition by step son of the complainant. It is also alleged that the age of step son of the complainant at the time of execution of sale deed was 17 years. Learned counsel for the petitioner submits that step son of the complainant has sold his own share of land to different purchaser after taking consideration amount. He has further submitted that this is a matter of pure civil dispute for which civil remedy is available in law. Further it has been submitted that other accused persons have already been granted anticipatory bail by this Court in Cr. Misc. Nos.
Patna High Court Cr.Misc. No.45858 of 2018 (2) dt.16-08-2018 2/2 55640/2017 dated 23.11.2017 and 903/2018 dated 21.06.2018. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 748/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T