Md. Anwarul Hauqe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80167 of 2023 Arising Out of PS. Case No.-2268 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. ANWARUL HAUQE SON OF LATE MOBIN RESIDENT OF VILLAGE - SHIKARPUR, P.S. - KASBA, DISTRICT - PURNEA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MD. EHASAN SON OF ABDUL RAJAK RESIDENT OF VILLAGE - BANDRAKH, P.S. - DAGARUA, DISTRICT - PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Bidhu Ranjan, Advocate Mr. Saurav Anand, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 417 and 406 of the Indian Penal Code.

3. Allegation against the petitioner is that he did not execute the sale deed in favour of the complainant in spite of taking the consideration money.

4. Learned counsel for the petitioner submits that it is purely a case of breach of contract. There is no allegation of dishonest intention from the beginning of the transaction. Petitioner denies the prosecution case and submits that only to grab the land this case has been lodged against the petitioner.

Patna High Court CR. MISC. No.80167 of 2023(2) dt.10-01-2024 2/2 Petitioner claims clean antecedent.

5. Considering the nature of allegation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Purnea in connection with Complaint Case No. 2268 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T